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Home My WebLink About20174006.tiffDEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave, Greeley, CO 80631 Phone (970) 353-6100 x3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: 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 construction materials (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description Part of the NorthWest Quarter of Section 33 , Township 3 North, Range 67 West Flood Plain: none Zone District: N/A , Total Acreage: 156.78± , Overlay District: N/A Geological Hazard: N/A , Airport Overlay District: N/A 2. Surface owner(s) of area of land described Name: Varra Companies, Inc. Address: 8120 Gage St. Phone: 303-666-6657 Name: Address: Frederick 80516 Phone: 3. Owner(s) of mineral rights or substance to be mined Name: Varra Companies, Inc. Address: 8120 Gage St. Phone: 303-666-6657 Name: Address: Frederick 80516 Phone: 4. Applicant's name: Varra Companies, Inc. Address: 8120 Gage St.; Frederick, CO 80516 Email Address gvarravarracornpanies.com Phone: 303-666-6657 5. Identify any prior permits for mining held by applicant or affiliated person: Weld County USR's 616, 907, 627, 840, 1219, 345, Firestone Resolution #10-10, 1760, 14-0023 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. 6 -011171 -pre 64,2-7//7 Signature: Owner or Authorized Agent Date 14 Signature: Owner or Authorized Agent Date Weld County Public Works Dept. H Street P.O. Box 758 Greeley, Co 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Garrett Varra ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Varra arra Companies, Inc. Address _ e _ Address 8120 Gage Street City State Zip City Frederick CO State 2p 80534Phone Business Phone 303 66O-0857 Fax Fax 303.886-8743 E -mall gvarra@varracompaniesecom Parcel Location & Sketch The access is on WCR 28 Nearest Intersection: WCR 8 Distance from Intersection 2680 feet & WCR 17 Parcel Number 120933200051 Section/Township/Range Sec. 33; T3 l; R67W; 6th P.M. e Is there an existing access to the property_ U YES NO Number of Existing Accesses ° (2) Road Surface Type & Construction Information 0 Asphalt O Gravel M Treated 11 Other Culvert Size & Type 18 " CMP Materials used to construct Access nature round/ ravel surfe Construction Start Date 2017 Finish Date 2050 Proposed Use QTemporary (Tracking Pad Required)/ $75 Q Small Commercial or Oil & Gas/$75 OField (Agriculture Only)/Exempt C t I F -mail Existing Access A= Proposed Access 4';D Ike" { t IZZ t xr=cad in :gctei A("nil:NA:4_5 a cc 33 WCR a QSingle Residential/$75 Large Commercial/$150 CC EIZN Li Q Industrial/$150 Subdivision/$15Q Is this access associated with a Planning Process? ONo O USR ORE OPUD QOther Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the iicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees o comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding faciliti SignaturePi4e4.4". P '17 *ate'Printed hlarrt 41Date Approval or D vial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 Varra Companies,Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047 Friday 23 June 2017 To: Kim Ogle, Planner III Weld County — Dept. of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Subject: USR Submittal Parcel 122 — Resource Development Project OMLR Permit M-2015-033 Consistent with your e -Mail message of 21 June, included with this correspondence is our USR application for Parcel 122 (a.k.a, P-122). For clarification, use of the former landowner name (Bearson) has been abandoned during the middle of the document creation and is a relic name for the identified Parcel 122 permit area. With respect to your request to divide documents consistent with your earlier e -Mail messages, every attempt to comply has been made. Some documents are found in the original OMLR submittal and acorrelated revision, while others are divided among the USR submittal. I've attempted to place them in the categories you described as possible. There are a considerable number of documents — some tied exclusively to the OMLR submittal, some from the OMLR that fulfill documents required under the USR, and documents required exclusively under the USR. Located on the following page is an attempt to describe what documents are included with this cover letter — and where they may be found. The Folder Content is identified similarly on the included Thumb Drive. Paper Documents follow the Thumb Drive content in the included paper folders. Naturally, should you need clarification or additional information to aid a determination of the Completeness of this USR submittal, please do not hesitate to contact me directly. Thank -you for your kind and professional assistance, Kim. Respectfully, See Signed Hardcopy Varra Companies, Inc. Bradford Janes, Forester Liaison, Interdisciplinary Affairs cc. Garrett C. Varra, Vice -President Varra Companies, Inc. Continued... next page... 1 Varra Companies, Inc. — Parcel 122 — Weld County USR Folders — Folder Documents Content Location: Folder Documents or Subfolder Notes Cover & Application Letter USR 1. Cover Letter 2, USR Application Deed 1. Warranty 2. Quit Deed Claim Deed Maps — WC 1. Exhibit B — Index Map USR 2. Exhibit C-1 Vicinity Map 3. Exhibit F — Reclamation Plan Map Mineral Owner Notification — List of Mineral Owners & Mineral Lessees for Notification Services prepared by Zeren Land Zeren Oil Agreements & Gas Signed Anadarko agreement Other Permits 1. 2. 3. 4. Army Corps CDH Stormwater CDH Fugitive OSE Well Permit Approved Dust General Juridictional Permit Permit Det. OMLR or Weld County Other Documents Certificates & 1. Land Title — Certificate of Conveyance For easements — ROW 2. Signed — Surface Affidavit Estate of Interested Land Owners — refer -oil&gas- to OMLR water Exhibit wells C — and Weld OMLR permit 3. Water Information Sheet Map Exhibits or 4. Certificate 5. Correspondence of Liabiltiy to Lauren Light — Weld Laruen USR number Light Correspondence lacks in advance — gave her County Department of Public Health & Environment a telephone & heads — call up she will look for it from WC Planning Services Weld Combined Code County Primary WCUSR Document — TEXT - NOTE: Questionnaire addressed Addresses requirements. all relevant USR questions & beginning on page 109 Weld County Access Permit I. 2. Complete Accompanying signed photographs Access Permit application Continued — next page... a I I licat1on OMLR 1. 2. 3. 4. Permit Approved OMLR Cover Approval Correspondenc Technical Revision #1 Map Exhibits -Proofs_ Application Exhibits A -S Updated Exhibit approved D — Extraction maps and Plan & Application — exhibits, Exhibit E — Reclamation Plan — are documents, maps, permits & included and correlated documents 5. ERO clearance of T&E — Orchid & Preble's 6. OMLR Primary Application, Exhibits, and related 7. Exhibit Documents I/J — extensive Soils Survey Report 8. AWES Dewatering Analysis document 9. AWES Stability Analysis Report — See Exhibit S Varra Companies, Inc. Parcel 122 — Resource Development Project USR Submittal Correspondence to Kim Ogle, Weld County Planning Dept. of 23 June 2017 Varra Companies, Inc. Parcel 122 — Resource Development Project 3 USR Submittal Correspondence to Kim Ogle, Weld County Planning Dept. of 23 June 2017 Permit No. COG -500000 CDPS GENERAL PERMIT FOR SAND AND GRAY _ FL MINING AND PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act (25-8-101 et seq., CRS, 1973 as amended), facilities engaged in mining and processing of sand and gravel and other nonmetallic minerals (except fuel) are authorized to discharge surface runoff and process water from authorized locations throughout the State of Colorado to specified surface waters of the State. Such discharges shall be in accordance with conditions of this permit. The applicant may demand an adjudicatory hearing within thirty (30) days of the issuance of the final permit determination, per the Colorado Discharge Permit System Regulations, Regulation No. 61 (5 CCR 1002-61). Should the applicant choose tocontest any of the effluent limitations, monitoring requirements or other conditions contained herein, the applicant must comply with Section 24-4-104 CRS and the Colorado Discharge Permit System Regulations. Failure to contest any such effluent limitation. monitoring requirement, or other condition, constitutes consent to the condition by the Applicant. This permit specifically authorizes the facility listed on page 1 of this permit to discharge process generated wastewaters and/or stormwater, as of the date stated below, in accordance with the permit requirements and conditions set forth in Parts I and II hereon. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2013 Issued and Signed this 30th day of May, 2008 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet Kieler, Permits Section Manager Water Quality Control Division ADMINISTRATIVELY CONTINUED JULY 1, 2013 ISSUED AND SIGNED: MAY 30, 2008 EFFECTIVE DATE OF PERMIT: JULY 1, 2008 TABLE OF CONTENTS PART I 3 A. COVERAGE UNDER THIS PERMIT .3 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS .4 1. Effluent Limitations and Monitoring Requirements — Crushed Stone, Construction Gravel, etc, 4 2. Effluent Limitations and Monitoring Requirements — Phosphate Rock Mining "., 5 3. Effluent Limitations and Monitoring Requirements — Industrial Sand5 4. Effluent Limitations and Monitoring Requirements- Industrial Sand-FIF , , 6 5. Effluent Limitations and Monitoring Requirements- Graphite 6 6. Effluent Limitations and Monitoring Requirements- Batch Plants, 7 7. Compliance Schedules 7 8. WET Testing 7 C. STORMWATER DISCHARGES ., 9 D. DEFINITIONS OF TERMS , 14 E. GENERAL MONITORING, SAMPLING AND REPORTING REQUIREMENTS ....15 L Routine Reporting of Data 15 2. Reporting - Stormwater Annual Report 15 3. Representative Sampling 16 4. Analytical and Sampling Methods for Monitoring 16 5. Records17 6. Flow Measuring Device 17 7. Signatory and Certification Requirements 17 PART II 18 A. NOTIFICATION REQUIREMENTS 18 1. Notification to Parties 18 2. Change in Discharge 18 3. Special Notifications - Definitions 19 4. Noncompliance Notification 19 5. Other Notification Requirements 19 6. Bypass Notification 20 7. Upsets 20 8. Discharge Point 20 9. Proper Operation and Maintenance 20 10. Minimization of Adverse Impact 21 11. Removed Substances 21 12. Submission of Incorrect or Incomplete Information 21 13. Bypass 21 14. Reduction, Loss, or Failure of Treatment Facility 21 B. RESPONSIBILITIES 21 1. Inspections and Right to Entry 21 2. Duty to Provide Information........................................................,.....,...,.,.,........... ,.,.,.......... ............., ....,........ 22 3. Transfer of Ownership or Control.. OOOOOO ........ ..............................................,...........,...................................................,......... 22 4. Availability of Reports ...............,..................................................,........................................................... 22 5. Modification, Suspension, Revocation, or Termination of Permits By the Division 22 6. Coil and Hazardous Su stance Liaity.......... ........ .............. .... ............ ..,...,......... ..,............. ................ ................ ......,24 7. State Laws ... ... .....................,.... SOON ......... ..,................. ,............... ............ ................ ..,............. ................ ....,........... ,...,.,24 8. Permit Violations ......... .............................. ................................................................. ...................................,.......5............,.. 24 9. 10. 11. 12. 13. 14. 15 16. 17. 18. 19. 20. Property Rights ........ 0 ....... 0 ........ . ..•10.0.0011.. .....000 0. . 0 000 . . .......... 0•••••••5••• ....... ...... . 0 0 .. . . . ........ 0•••01•1“.. O . . . . 0 0 0 0•••••••5••• . . . . 0 0 0 . . 24 Severability.................. ..............,.......................................... III. ....................,..........................................Ike. ell ...........05 ..............0 25 Renewal Application 25 Confidentiality 25 Fees••••••••••••••••••••••••••••••• OOOOOOOO •••••••••••••••.••••• 9 • • ........................... III. ..............................5.,. 5...........................III. ..5.1..5.......5...,25 Duration of Permit...................... 25 Section 307 Toxics 0 0 0 0 ................. 25 Antibacksliding............ .................. .... 2 •.. 000 ann. OO0 ... 0 0 1.. 0 500 5 1..11. O 5 0 ... 0 0. 5 0 1.05.1.• O 0. 0. 0. •500.0..............• 9 ann. OO 0 ... 0 0 1.. 0 500 5 1.. 5 5 0 ... 0 0. 5 0 1.05 0 .'.S 1.. 0. 0. •500.0.00*. 9 5.111.••• Effectof Permit Issuance.........................................................................................................................5...........,.1..,.55.,.5.... 26 Requiring an Individual CDPS Permit ......................... ., 26 Requesting an Individual CDPS Permit 0000 26 Requesting Coverage Under the General Permit 27 PART I Page No. 3 Permit No. COG -500000 A. COVERAGE UNDER THIS PERMIT 1. This general permit authorizes stormwater and process water discharges from sand and gravel operations and other non- metallic mineral mining (except fuel), including asphalt and concrete batch plants into surface waters of the State of Colorado. Discharges to groundwater are not authorized under this general permit, and would be subject to the jurisdiction of the Division of Reclamation, Mining and Safety. This permit may cover the stormwater and process water discharges from crushed stone, construction sand and gravel, phosphate rock, industrial sand, graphite, and concrete or hot asphalt batch plants as defined in 40 CFR Part 436. This general permit does not cover the discharge from any domestic type wastewaters, or operations mining or processing from gypsum, asphaltic mineral, asbestos and wollastonite, barite, fluorspar, salines from brine lakes, borax, potash, sodium sulfate, frasch sulfur, bentonite, magnesite, diatomite, jade, novaculite, or tripoli facilities. An individual permit may be necessary for the coverage of domestic wastewater in combination with any other allowable discharge due to the incorporation of baseline conditions into the federal limitations. Due to the nature of general permits, determinations of the assimilative capacity of the receiving stream(s) are not available. All limitations set in this permit are based upon the most stringent water quality standards, the Regulations for Effluent Limitations, and/or the federal effluent limitation guidelines. Discharges may be covered under this permit at the Division's discretion, providing that such wastewater would not require effluent limitations and/or monitoring requirements other than those contained in this permit. Such determinations will be made on a case -by -case basis upon review of the permit application and any additional relevant information. If discharge from one or more of the above listed sources require additional limitations and/or monitoring requirements, an individual permit may be required. Multiple discharge points from one facility may be authorized through this permit providing all meet these criteria. 2. This permit does not constitute authorization under 33 U.S.C. 1344 (Section 404 of the Clean Water Act) of any stream dredging or filling operations. In order to apply for certification under this general permit, the owner, operator, and/or authorized agent of the subject facility shall submit by certified mail or hand delivery, the completed General Permit for Nonmetallic Mineral Mining and Processing (Sand and Gravel) Application. If the discharge is to a storm sewer system, ditch, or other manmade conveyance, approval from the owner of the system must be obtained before discharge. At least 30 days before the anticipated date of discharge, the application in its entirety, shall be submitted to: Colorado Department of Public Health and Environment Water Quality Control Division Permits Section 4.300 Cherry Creek Drive South Denver, CO 80246 The Division shall have up to thirty days after receipt of the above information to request additional data or deny the authorization to discharge under this general permit. Upon receipt of additional information, the Division shall have an additional 30 days to issue or deny authorization to discharge. If the Division determines that a new facility does not fall under the authority of the general permit, then the information received will be processed for an individual permit, and the applicantshall be notified of such a determination. If during the renewal process, the Division determines that a facility no longer qualifies for the general permit, the facility will be allowed to discharge under the general permit until an individual permit is issued 4. The final limitations to be applied under this permit shall take into consideration the application of the appropriate discharge categories, applicable water quality standards, control regulations, total maximumdaily loads, and other regulatory requirements. Potential limitations may include but are not limited to the general limitations as provided in Part I.B below. 5. Authorization to discharge under this general permit shall expire on June 30, 2013. The Division must evaluate this general permit once every five years and must recertify all applicants' authority to discharge under the general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by November 30, 2012. The Division will determine if the applicant continues to operate under terms of the general permit. No chemicals shall be added to the discharge unless the Division grants specific approval in a certification, letter, or other PART I Page No. 4 Permit No. COG -500000 form of communication. To approve a chemical (including release agents), the Division must have the chemical's MSDS sheet. All chemicals must be used and stored in accordance with the manufacturers recommendations and in accordance with any applicable state or federal regulation. 7. There shall be no discharge of solid animal or food waste, vegetative wastes (grass, leaves, manure, garbage, etc), or any floating solids or visible foam, in other than trace amounts. 8. All discharges must comply with the lawful requirements of federal agencies, municipalities, counties, drainage districts and other local agencies regarding any discharges to storm drains systems, conveyances, or other water courses under their jurisdiction. In addition, prior to the discharge the permittee must notify the owner of the system of the date, approximate time, location, and duration of the discharge(s). Bulk storage structures for petroleum products and other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering discharged waters or waters of the State. B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations and Monitoring Requirements — Crushed Stone, Construction Gravel and all other industrial facilities covered under SIC Code l4 (not covered below) a. Crushed Stone -means process wastewater generated during the mining or quarrying and processing of crushed and broken stone and rip rap. This includes all types of rock and stone, except rock and stone that is crushed or broken prior to the extraction of mineral, which is covered elsewhere. The processing of calcite, however, in conjunction with the processing of crushed and broken limestone or dolomite is included. b. Construction Sand and Gravel— means process wastewater generated during the mining and processing of sand and gravel for construction or fill uses. The above categories are subject to 40 CFR Part 436 Subparts B (Crushed Stone), and C (Construction Sand and Gravel). These limitations also apply to all other industrial facilities covered under SIC Code 14 (that are not covered below). The following limitations apply as outlined in these subparts. Parameter 30 -Day Avg. Flow, MGD pH, s.u. Oil and Grease, mg/l Total Suspended Solids, mg/l Report N/A N/A 30 Limitations 7 -Day Daily Avg. Max. General Permit Requirements NA NA NA 45 Rationale Report Discharge Evaluation 6.5-9.0 10 NA Water Quality Standards State Effluent Regulations State Effluent Regulations Monitoring Frequency 1 Continuous Instantaneous2 Weekly Weekly Weekly Site Specific I in.itations�_�_aa-a-aaasaaaan aa_aa=aaaa�asaaa�aataa�aaaaaaaaaat� Total Dissolved Solids, mgil * Total Phosphorus (as P), mg/l ** Other Pollutants of Concern Whole Effluent Toxicity (WET) Chronic Acute Report Report Various NA Report NA Various NA Various Stat Diff and IC25 > IWC LCS 0 > 100% Salinity Regulations Control Regulations Water Quality Standards State Permit Limitations Quarterly 4 Monthly Weekly Quarterly Quarterly Sample Type Recorder / In -situ 2 Grab Visual 3 Grab Grab Grab Grab 3 Grab/Test Grab 1 — For a minor facility, as determined by the EPA NPDES Permit Rating Worksheet, all weekly monitoring requirements shall be changed to 2 days per month. 2 — If power is not available, flow may be measured on an instantaneous basis. Major facilities shall monitor flow weekly, minor facilities 2 days / month 3 — If a visual sheen is noticed, a grab sample must be taken and analyzed for oil and grease 4 — Quarterly monitoring shall be prescribed if the limitation is based upon discharge to the Colorado River Basin. If the limitation is based upon agricultural protection, the monitoring frequency shall be weekly. * The TDS limitation will normally apply to discharges in the Colorado River Basin. ** The phosphorus limitations apply to discharges to the Dillon Reservoir Watershed, Cherry Creek Reservoir Watershed, Chatfield Reservoir Watershed, and the Bear Creek Watershed, as defined in Regulation 71, 72, 73 or 74 respectively. The permittee may be required to obtain a phosphorus allocation from the applicable control regulation authority prior to certification under this general permit. PART II Page No. 5 Permit No. COG -500000 2. Effluent Limitations and Monitoring Requirements— Phosphate Rock Mining_ means process wastewater generated by the mining or quarrying of phosphate bearing rock, ore, or earth, for the phosphate content. The above category is subject to 40 CFR Part 436 Subpart R (Phosphate Rock). The following limitations apply as outlined in this subpart. Parameter Flow, MGD pH, s.u. Oil and Grease, mg/1 Limitations 30 -Day 7 -Day Daily Avg. Avg. Max. General Permit Requirements Report N/A N/A ---------------------__en__ Total Suspended Solids, mg/1 NA NA NA Rationale Monitoring Frequency 1 Report Discharge Evaluation 6.5-9.0 Water Quality Standards 10 State Effluent Regulations ---Federal Effluent Limitation Guidelines 30 NA 60 Federal ELG Site Specific Limitations-------_--___—. Total Dissolved Solids, mg/1 * Report Total Phosphorus (as P), mg/1 ** Report Other Pollutants of Concern Various Whole Effluent Toxicity (WET) Chronic Acute NA Report NA Various NA Various Stat Diff and IC25 > IWC LC50 > 100% Salinity Regulations Control Regulations Water Quality Standards State Permit Limitations Continuous / Instantaneous Weekly Weekly Weekly Sample Type Recorder / In -situ 2 Grab Visual 3 -n-- Quarterly Monthly Weekly Grab Grab Grab Grab Quarterly 3 Grab/Test Quarterly Grab Footnotes 1-4, *. and ** can be found under Part I.B.1. 3. Effluent Limitations and Monitoring Requirements — Industrial Sand -means process wastewater generated during the mining and processing of sand and gravel for uses other than construction and fill. These uses include, but are not limited to, glassmaking, molding, abrasives, filtration, refractories, and refractory bonding. This does not include HF flotation facilities, which are covered in a different table. The above category is subject to 40 CFR Part 436 Subpart D (Industrial Sand). The following limitations apply as outlined in this subpart. Parameter 30 -Day Avg. Flow, MGD pH, s.u. Oil and Grease, mg/1 Total Suspended Solids, mg/I Report --- ......... -----------a------------- Total Dissolved Solids, mg/1 * Total Phosphorus (as P), mg/I ** Other Pollutants of Concern Whole Effluent Toxicity (WET) Chronic Acute Report Report Various Limitations 7 -Day Daily Avg. Max. General Permit Requirements Rationale Monitoring Frequency NA Report Discharge Evaluation N/A NA 6.5-9.0 Water Quality Standards N/A NA 10 State Effluent Regulations Federal Effluent Limitation Guidelines 25 NA 45 Federal ELG -------Site Specific Limitations NA Report NA Various NA Various Stat Diff and IC25 > IWC LC50 > 100% Salinity Regulations Control Regulations Water Quality Standards State Permit Limitations Continuous / Instantaneous Weekly W eekly Sample Type Recorder / In -situ 2 Grab Visual 3 Weekly Grab Quarterly Monthly Weekly Quarterly Quarterly Grab Grab Grab 3 Grab/Test Grab Footnotes 1-4, * and ** can be found under Part 1.B.1. PART II Page No. 6 Permit No. COG -500000 4. Effluent Limitations and Monitoring Requirements -Industrial Sand, HF Flotation- means process wastewater generated during the mining and processing of sand and gravel using HF Flotation for uses other than construction and fill. The above category is subject to 40 CFR Part 436 Subpart D (Industrial Sand, HF Flotation). The following limitations apply as outlined in this subpart. Parameter Flow, MGD pH, s.u. Oil and Grease, mg/1 Total Suspended Solids, lbs/day Total Fluoride, lbs/day Limitations 7 -Day Daily Max. Rationale 30 -Day Avg. Avg. General Permit Requirements------ ------ Report N/A N/A NA Report Discharge Evaluation NA 6.5-9.0 Water Quality Standards NA 10 State Effluent Regulations Federal Effluent Limitation Guidelines 0.023 lbs per 1,000 lbs total production*** 0.003 lbs per 1,000 lbs total production*** Total Production, lbs/day Total Dissolved Solids, mg/1 Total Phosphorus (as P), mg/1 ** Other Pollutants of Concern Whole Effluent Toxicity (WET) Chronic Acute Report Report Report Various NA NA 0.046 lbs per 1.000 lbs total production*** 0.006 lbs per 1,000 lbs total production*** Site Specific Limitations -------- NA NA NA NA Report Report Various Various Stat Diff and 1O25 > IWC LCS0 > 100% Federal ELG Federal ELG Monitoring Frequency 1 mom aream— --- —o Continuous / Instantaneous- Weekly Weekly ----_----...... Discharge Evaluation Salinity Regulations Control Regulations Water Quality Standards State Permit Limitations Weekly Weekly ------------ Weekly Quarterly Monthly Weekly Quarterly Quarterly Sample Type Recorder / In -situ 2 Grab Visual 3 Grab Grab Actual Grab Grab Grab 3 Grab/Test Grab Footnotes 1-4, * and ** can be found under Part I.B.I. 5. Effluent Limitations and Monitoring Requirements -Graphite Mining -means process wastewater generated during the mining and processing of naturally occurring graphite. The above category is subject to 40 CFR Part 436 Subpart AL (Graphite). The following limitations apply as outlined in this subpart. Parameter Flow, MOD pH, s.u. Oil and Grease, mgl Limitations 7 -Day Daily Max. 30 -Day Avg. Avg. General Permit Requirements Report N/A N/A Total Suspended Solids, mg/I Total Iron, mg/1 10 1 Total Dissolved Solids, mg/l * Total Phosphorus (as P), mg/1 ** Other Pollutants of Concern Whole Effluent Toxicity (WET) Chronic Acute Report Report Various NA NA NA Rationale Monitoring Frequency 1 Report Discharge Evaluation 6.5-9.0 10 Water Quality Standards State Effluent Regulations Federal Effluent Limitation Guidelines-- ...... NA 20 NA 2 Site Specific Limitations NA NA NA Report Various Various Stat Diff and IC25 > IWC LCS0 > 100% Federal ELG Federal ELG Continuous / Instantaneou s2 Weekly Weekly Weekly Weekly ...... -- -'e-----n------n- - Salinity Regulations Control Regulations Water Quality Standards State Permit Limitations Quarterly 4 Monthly Weekly Sample Type Recorder / In -situ Grab Visual 3 Grab Grab Grab Grab Grab Quarterly 3 Grab/Test Quarterly Grab Footnotes 1-4, * and ** can be found under Part 13.1. PART II Page No. 7 Permit No. COG -500000 6. Effluent Limitations and Monitoring Requirements -Concrete and Hot Asphalt Batch Plants -means process wastewater generated during the mixing process. This also includes the associated truck and drum wash area for concrete facilities, and the wet scrubber discharge from hot asphalt plants. Parameter Flow, MGD 30 -Day Avg. pH, s.u. Oil and Grease, mg/1 Total Suspended Solids, mg/1 Total Iron, mg/1 Report N/A N/A 30 1 Limitations 7 -Day Daily Rationale Avg. Max. General Permit Requirements ---------- NA NA NA NA Report Discharge Evaluation 6.5-9.0 Water Quality Standards 10 State Effluent Regulations 45 State Effluent Regulations Federal Effluent Limitation Guidelines Total Dissolved Solids, mg/1 * Total Phosphorus (as P)„ mg./1** Other Pollutants of Concern Whole Effluent Toxicity (WET) Chronic Report. Report Various Monitoring Frequency I Continuous / Instantaneous Weekly Weekly Weekly NA 2 Federal ELI Site Specific Limitations NA Report NA NA Salinity Regulations Various Control Regulations Various Water Quality Standards Stat Diff and IC25 > IWC LC50 > 100% State Permit Limitations Weekly Quarterly 4 Monthly Weekly Quarterly Sample Type Recorder / In -situ 2 Grab Visual 3 Grab Grab Grab Grab Grab 3 Grab/Test Footnotes 1-4, * and ** can be found under Part I.B..1. 7. Compliance Schedules- If necessary, any compliance schedule items will be noted in the certification to discharge. 8. WET Testing a. Acute WET Testing (See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) 1. Testing and Reporting Requirements Tests shall be done at the frequency listed in Parts I.B.1 through I.B.6. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the end of the reporting period when the sample was taken. (i.e., WET testing results for the calendar quarter ending March 31 shall be reported with the DMR due April 28, etc.) The results shall be submitted on the Acute Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each acute WET test in general accordance with methods described in Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms EPA/600/4-90/027 or its most current edition, except as modified by the most current Division guidance document entitled Guidelines for Conducting Whole Effluent Toxicity Tests. The permittee shall conduct an acute 48 -hour WET test using Ceriodaphnia sp., and an acute 96 -hour WET test using fathead minnows. Acute tests will be replacement static tests of a single effluent grab sample. Failure of Test and Division Notification An acute WET test is failed whenever the LC50, which represents an estimate of the effluent concentration which is lethal to 50% of the test organisms in the time period prescribed by the test, is found to be less than or equal to 100% effluent. The permittee must provide written notification of the failure of a WET test to the Division, along with a statement as to whether the Preliminary Toxicity Incident (PTI)/Toxicity Identification Evaluation (TIE) investigation or accelerated testing is being performed. Notification must be received by the Division within 14 calendar days of the demonstration of acute WET in the routine required test. Demonstration means no later than the last clay of the laboratory test. Chronic WET Testing (See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) 1. Testing and Reporting Requirements Tests shall be done at the frequency listed in Parts LB.1 through I.B.6. Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the reporting period during which the sample was taken. (i.e., WET PART II Page No. 8 Permit No. COG -500000 testing results for the first calendar quarter ending March 31 shall be reported with the DMR due April 28.) The results shall be submitted on the Chronic Toxicity Test report form, available from the Division. Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each chronic WET test in general accordance with methods described in Short Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, EPA/600/4-891001 or the most current edition, except as modified by the most current Division guidance document entitled Guidelines for Conducting Whole Effluent Toxicity Tests. The permittee shall conduct such tests using Ceriodaphnia dubia and fathead minnows. 2. Failure of Test and Division Notification A chronic WET test is failed whenever 1) there is a statistically significant difference in lethality between the control and any effluent concentration less than or equal to the instream waste concentration (IWC) and, 2) the IC25, which represents an estimate of the effluent concentration at which 25% of the test organisms demonstrate inhibition as reflected by lethality, is at any effluent concentration less than or equal to the IWC. The permittee must provide written notification of the failure of a WET test to the Division, along with a statement as to whether a Preliminary Toxicity Investigation (PTI)/Toxicity Identification Evaluation (TIE) or accelerated testing is being performed (see Part I.B.7.c.). Notification must be received by the Division within 21 calendar days of the demonstration of chronic W ' T in the routine required test. Demonstration means no later than the last day of the laboratory test. Other WET Testing Requirements Applicable to both Chronic and Acute WET Testing 1. Automatic Compliance Schedule Upon Failure of Test If a routine chronic WET test is failed, regardless of whether the limit is in effect, the following automatic compliance schedule shall apply. As part of this, the permittee shall either: r. Proceed to conduct the PTI/TIE investigation as described in Part I.B.7.c., or ii. Conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being performed, the permittee shall provide written notification of the results within 14 calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration. Testing will be at least once every two weeks for up to five tests until; 1) two consecutive tests fail or three of five tests fail, in which case a pattern of toxicity has been demonstrated or 2) two consecutive tests pass or three of five tests pass, in which case no pattern of toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found, a PTUTIE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found, the Division may require an increased frequency of routine monitoring or some other modified approach. 2. PTIITI E The results of the PTI/TIE investigation are to be received by the Division within 120 days of the demonstration of chronic WET in the routine test., as defined above, or if accelerated testing is performed, the date the pattern of toxicity is demonstrated. A status report is to be provided to the Division at the 30, 60 and 90 day points of the PTI/TIE investigation. The Division may extend the time frame for investigation where reasonable justification exists. A request for an extension must be made in writing and received prior to the 120 day deadline. Such request must include a justification and supporting data for such an extension. The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a brief search for possible sources of WET, which might reveal causes of such toxicity and appropriate corrective actions more simply and cost effectively than a formal TIE. If the PTI allows resolution of the WET incident, the TIE need not necessarily be conducted. If, however, WET is not identified or resolved during the PTI, the TIE must be conducted within the allowed 120 day time frame. Any permittee that is required to conduct a PTIITIE investigation shall do so in conformance with procedures identified in the following documents, or as subsequently updated: 1) Toxicity Identification Evaluation: Characterization of Chronically Toxic Effluents, Phase I, EPA/600/6-91/005F May 92, 2) Methods for Aquatic Toxicity Identification Evaluations, Phase I Toxicity Characterization Procedures, EPA/600/6-91/003 Feb. 91 and 3) Methods for Aquatic Toxicity Identification Evaluations, Phase II Toxicity Identification Procedures, EPA/600/3-88/035 Feb.. 1989. A fourth document in this series is Methods for Aquatic Toxicity Identification Evaluations, Phase III Toxicity Confirmation Procedures, EPA/600/3-88/036 Feb. 1989. As indicated by the title, this procedure is intended to confirm that the suspected toxicant is truly the toxicant. This investigation is optional. PART II Page No. 9 Permit No. COG -500000 Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toxicity, whichever is sooner, a control program is to be developed and received by the Division. The program shall set down a method and procedure for elimination of the toxicity to acceptable levels. 3. Request For Relief The permittee may request relief from further investigation and testing where the toxicant has not been determined and suitable treatment does not appear possible. In requesting such relief, the permittee shall submit material sufficient to establish the following: i. It has complied with terms and conditions of the permit compliance schedule for the PT1/TIE investigation and other appropriate conditions as may have been required by the WQCD; ii. During the period of the toxicity incident it has been in compliance with all other permit conditions, including, in the case of a POTW, pretreatment requirements; iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment and control; and iv. Despite the circumstances described in paragraphs (i) and (iii) above, the source and/or cause of toxicity could not be located or resolved. If deemed appropriate by the Division, the permit or the compliance schedule may be modified to revise the ongoing monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. Spontaneous Disappearance If toxicity spontaneously disappears at any time after a test failure, the permittee shall notify the Division in writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop and submit additional information, which may include, but is not limited to, the results of additional testing. If no pattern of toxicity is identified or recurring toxicity is not identified, the toxicity incident response is considered closed and normal WET testing shall resume. 5. Toxicity Reopener This permit may be reopened and modified (following proper administrative procedures) to include new compliance dates, additional or modified numerical permit limitations, a new or different compliance schedule, a change in the whole effluent toxicity testing protocol, or any other conditions related to the control of toxicants if one or more of the following events occur: Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. ii. The PTI/TIE results indicate that the identified toxicant(s) represent pollutant(s) that may be controlled with specific numerical limits and the permit issuing authority agrees that the control of such toxicants through numerical limits is the most appropriate course of action. iii. The PTI/TIE reveals other unique conditions or characteristics, which, in the opinion of the permit issuing authority, justify the incorporation of unanticipated special conditions in the permit. STORMWATER DISCHARGES (This section (IC) applies to all facilities with a potential discharge of stormwater.) 1. Stormwater Management Plan (SWMP) A Stonnwater Management Plan (SWMP) shall be developed for each facility covered by this section (Part LC). The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) PART II Page No. 10 Permit No. COG -500000 The plan shall identify potential sources of pollution (including sediment), which may reasonably be expected to affect the quality of stormwater discharges associated with the mining activity. In addition, the plan shall describe the practices to be used to reduce the pollutants in stormwater discharges associated with mining activity at the facility; and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance requirements. Also, the plan shall be properly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the SWMP as written and updated, from commencement of site activity until final reclamation is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. The permittee must implement the provisions of SWMP required under this part as a condition of this permit. For any sites under this permit that had per 4 it coverage before Septe i her 30, 2007, the permittee's SMWP must meet the new SWMP require ents as su marred in Section II.I of the rationale. Any needed changes must be made within 5 months of the effective date of the certification. The SWMP shall include the following items, at a minimum: a. Site Map: The plan shall provide a site map or maps, which indicate at a minimum: - Mining site boundaries; Access and haul roads; - Stonnwater outfalls and an outline of the drainage area of each stormwater outfall; An estimate of the direction of flow; - Each existing structural control measure to reduce pollutants in stormwater runoff; - Non-structural BMPs, as applicable; Springs, streams, wetlands and other surface waters; - Mine drainage or any other process water; Dedicated asphalt or concrete batch plants; Areas used for recycling of asphalt or concrete - All areas of soil disturbance; The location and description of all potential stormwater pollution sources, including, but not limited to, the following: Materials handling areas; Vehicle fueling areas; Fertilizer or chemical storage areas; Areas used for storage or disposal of overburden, materials, soils or wastes; and Areas used for mineral milling and processing. - Boundary of tributary area that is subject to effluent limitations; and - Date the map was prepared. b. Description of Potential Pollutant Sources/Material Inventory: The SWMP shall identify potential sources of pollutants (activities and materials) at the site, and assess the potential of these sources to contribute pollutants to stormwater discharges associated with mining activities. The SWMP must also describe appropriate Best Management Practices (BMPs) to reduce the potential of these identified sources to contribute pollutants to stormwater discharges. At a minimum, each of the following shall be evaluated for the reasonable potential for contributing pollutants to runoff: - Loading and unloading operations; - Outdoor storage of chemicals or equipment; Crushing facilities or significant dust and particulate generating activities; On site waste disposal practices; Stockpiles of overburden, raw material, intermediate products, byproducts, finished products or waste products; Dedicated asphalt or concrete batch plants; Areas used for recycling of asphalt or concrete Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; Haul roads; and Disturbed areas. In each case where stormwater pollution potential exists, appropriate preventive measures must be taken and documented. PART II Page No. 11 Permit No. COG -500000 c. Stormwater Quality Controls: Each site covered by this permit shall develop a description of stormwater quality controls appropriate for that site, and implement such controls. The appropriateness and priorities of controls in the plan shall reflectidentified potential sources of pollutants at the site. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP. The description of stormwater quality controls shall address the following minimum components, including a schedule for implementing such controls: 1 ) SWMP Administrator: The SWMP shall identify a specific individual(s), position or title within the mining organization who is responsible for developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. Materials Handling and. Spill Prevention: Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials that could contribute pollutants to runoff. Such procedures or significant materials could include exposed storage of fuels, other chemicals, or waste material; and equipment maintenance areas. Erosion and Sediment Controls: Describe the BMPs that will be used to reduce erosion and prevent sediment delivery to State waters. These should include structural (such as silt fences, sediment ponds, drop structures, checkdams) and non-structural (such as mulching and revegetation) practices. 4) Other Pollution Prevention Measures: The plan shall identify any other structural and non-structural measures for stormwater quality control on -site. Preventive Maintenance: A preventive maintenance program is required, and shall involve inspection and maintenance of stormwater management devices (maintenance of dikes separating mine drainage from stormwater, cleaning oill titer separators and catch basins, etc.) as well as inspecting and testing of equipment and systems to prevent conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters. These periodic inspections are different from the comprehensive site evaluation (see Part I.D.5), although the former may be incorporated into the latter. Equipment, area, or other inspections are typically visual and are normally conducted on a regular basis (e.g., daily inspections of loading areas). 6) Good Housekeeping: The SWMP shall identify good housekeeping procedures that will be followed by the mining operation. Good housekeeping requires the maintenance of a clean, orderly facility. This part of the SWMP shall address cleaning and maintenance schedules, trash collection and disposal and collection practices, grounds maintenance, etc. 7) Identification of Discharges other than Stormwater: The stormwater conveyance system on the site shall be evaluated for the presence of discharges other than stormwater, such as mine drainage, spoil springs, sanitary waste, or process water of any kind. The SWMP shall include a description of the results of any evaluation for the presence of discharges other than stormwater, the method used, the date of the evaluation, and the on -site drainage points that were directly observed during the evaluation. A number of discharges other than stormwater may not require a CDPS Industrial Wastewater Discharge permit and are considered Allowable Non-Stormwater Discharges. Any of these discharges that exist at the site must be identified in the SWMP. See Part of the permit for the list of such allowable discharges. 2. BMP Implementation and Design Standards Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. 3. Consistency with Other Plans SWMPs may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the CWA, or Best Management Practices (BMPs) Programs otherwise required by a CDPS permit, and may incorporate any part of such plans into the SWMP by reference. The SWMP may rely upon information developed for other similar pollution control programs, including the Mined Land Reclamation Plan. Appropriate portions of these other plans may be incorporated in the SWMP by reference, as long as the reference materials are maintained on site, and a complete SWMP can be reproduced and submitted to the requesting agency. The SWMP must also be readily available to an on -site inspector. PART II Page No. 12 Permit No. COG -500000 4. Facility Inspections In addition to the inspections necessary to comply with the preventive maintenance program requirements in Part I.B.4.c, qualified personnel identified by the permittee shall make a comprehensive inspection of their stormwater management system, at least twice per year, except as provided in paragraphs d, e and f, below. The inspections must be conducted in approximately the spring and fall; if this is not possible, the inspections must be conducted at least 120 days apart. These comprehensive inspections must be documented and summarized in the Annual Report (see Part 1.D.4 of the permit). Material handling areas, disturbed areas, areas used for material storage that are exposed to precipitation, and other potential sources of pollution identified in the SWMP in accordance with Part I.C.2 of this permit shall be inspected for evidence of, or the potential for pollutants entering the drainage system. Structural stormwater management measures, sediment and control measures, and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment, shall be made. b. Any repairs or maintenance needs identified by the inspection shall be completed immediately. Based on the results of the inspection, if revisions to the description of the potential pollutant sources and the pollution prevention and control measures identified in the SWMP are needed, the plan shall be revised as appropriate as soon as practicable after such inspection. Revised control measures shall be implemented in a timely manner, but in no case more than 60 calendar days after the inspection, unless otherwise provided by the Division, and in compliance with the requirements of Part I.D12.c.2. c. A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the inspection, significant observations relating to the implementation of the SWMP, and actions taken in accordance with paragraph (b), above, shall be made and retained as part of the SWMP for at least three years after the date of inspection. Significant observations include such things as the locations of discharges of pollutants from the site; locations of previously unidentified sources of pollutants; locations of BMPs needing maintenance or repair; locations of failed BMPs that need replacement: and locations where additional BMPs are needed. The report must also document any incidents of noncompliance observed. This record shall be made available to the Division upon request and summarized in the Annual Report. Where semi-annual site inspections are shown in the plan to be impractical for sites where an employee is not stationed or does not routinely visit the site, inspections as required in this part shall be conducted at appropriate intervals specified in the plan, but never less than once in two years. Inactive Sites: Where semi-annual site inspections are shown in the plan to be impractical for inactive sites (sites where industrial activity is no longer conducted), site inspections required by this part shall be conducted at appropriate intervals specified in the plan, but, in no case less than once in three years. At lease one site inspection required under this part shall be conducted before October 1, 2011 or the date two years after such site becomes inactive, whichever is earlier. f. Reclamation Operations: For sites undergoing reclamation and where all mining activity has ceased, qualified personnel identified by the operator permittee shall make a thorough inspection of their stormwater management system, at least once per year (in the field season). Where annual site inspections are shown in the plan to be impracticable, because an employee is not stationed at or does not routinely visit the site, inspections as required in this part shall be conducted at appropriate intervals specified in the plan, but never less than once in two years. 5 SWMP Availability Upon request, the permittee shall submit a copy of the SWMP to the Division, the Colorado Division of Reclamation, Mining, And Safety, or CDRMS (formerly the Division of Minerals and Geology, or DMG) and/or EPA, and any local agency approving sediment and erosion plans or stormwater management plans, within the time frames specified in the request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Part LESS of the permit, certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR part 2. PART II Page No. 13 Permit No. COG -500000 SWMP Administrative Requirements SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of completion submitted with the application. The SWMP shall be implemented when the facility begins operation, or when the general permit certification is issued, whichever is later, and updated as appropriate (see paragraph c., below). SWMP Retention: For active mining operations and sites undergoing reclamation, the plan shall be retained on site unless another location, specified by the permittee, is approved by the Division. For inactive mining operations, the plan shall be retained by the permittee. c. SWMP Review/Changes: I) Division Review: The Division reserves the right to request and review the SWMP, and to require additional measures to prevent and control pollution, as needed. Upon review of the SWMP, the Division may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this permit. After such notification, the permittee shall make changes to the plan and shall submit to the Division an update to the plan including the requested changes. Unless otherwise provided by the Division, the permittee shall have 30 days after such notification to both make the necessary changes to the plan and to implement them. 2) Permittee Review/Change: The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. If existing BMPs need to be modified or if additional BMPs are necessary, the plan changes and implementation should be completed before the next anticipated storm, but in no case more than 60 days after: the change in design, construction, operation, or maintenance, or; when the SWMP has been determined to be ineffective. Amendments to the plan shall be summarized in the Annual Report. It is the permittee's responsibility to notify the Colorado Division of Minerals and Geology (formerly the Mined Land Reclamation Division) of any significant changes at their site resulting from the implementation of the SWMP. Prohibition of Non-Stormwater Discharges a. Except as provided in paragraph b, below, all discharges authorized by Part I.C. of the permit shall be composed entirely of stor it water. Discharges of material other than storm titer must be addressed in Part I.B. or in a separate CDPS permit issued for that discharge. Discharges from the following sources that are combined with stormwater discharges associated with mining activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified in the SWMP (see Part LC,2.c.4 of the permit): emergency fire fighting activities, uncontaminated compressor condensate, irrigation drainage, lawn watering, air conditioner condensate, uncontaminated seeps and springs, and foundation or footing drains where flows are not contaminated. 8. Employee Education The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. Education shall address topics such as spill response, good housekeeping, and material management practices. The permittee shall identify periodic dates for such instruction. Contractor or temporary personnel shall be informed of mine operations and control features in order to prevent stormwater pollution from occurring, 9 Total Maximum Daily Load (TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges, and it has been determined that the types of stormwater discharges covered under this permit are or have the potential to be identified as a significant source of the pollutant in question, the permittee will be notified by the Division. The permittee will be required to do the following: a) under the permittee's SWMP, implement specific management practices based on requirements of the TMDL, and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements, including any specific pollutant wasteload allocations (WLAs), are expected to be met; and PART II Page No. 14 Permit No. COG -500000 b) if the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the BMP additions/revisions. A description of the SWMP changes shall be included with the next Annual Report, or if requested by the Division, whichever is sooner. Stormwater discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. D. DEFINITIONS OF TERMS 1 "Acute Toxicity" means there shall be no acute toxicity in the effluent from this discharge point. The acute toxicity limitation is exceeded if 1) a statistically significant difference in mortality (at the 95% confidence level) is observed for either species between the control and any dilution less that or equal to the identified IWC or 2) a species mortality in any dilution of effluent (including 100% effluent) exceeds 50%. OR "Chronic lethality" occurs when a statistically significant difference, at the 95% confidence level, occurs in the chronic test between the mortality of the test species in «IWC»% effluent (the chronic TWC — «IWC>>%) and the control. 2. Antidegradation limits apply as the average of all data collected for months in that group during a rolling 24 -month period. These limits become effective after data has been collected for all months in the group during the 24 months following permit issuance. Where antidegradation groups are not indicated, data from all months will be utilized to determine the reported value and the limit will become effective in the 24th month in which the permit is effective. 3. "Continuous" measurement, is a measurement obtained from an automatic recording device which continually measures provides measurements. 4. "Chronic lethality" occurs when a statistically significant difference, at the 95% confidence level, occurs in the chronic test between the mortality of the test species in 100% effluent (the chronic IWC = 100%) and the control. 5. "Daily Maximum limitation" means the limitation for this parameter shall be applied as an instantaneous maximum (or, for pH or DO, instantaneous minimum) value. The instantaneous value is defined as the analytical result of any individual sample. DMR's shall include the maximum (and/or minimum) of all instantaneous values within the calendar month. Any instantaneous value beyond the noted daily maximum limitation for the indicated parameter shall be considered a violation of this permit. 6. "Dissolved (D) metals fraction" is defined in the Basic Standards and Methodologies for Surface Water 1002-31, as that portion of a water and suspended sediment sample which passed through a 0.40 or 0.45 UM (micron) membrane filter. Determinations of"dissolved" constituents are made using the filtrate. This may include some very small (colloidal) suspended particles which passed through the membrane filter as well as the amount of substance present in true chemical solution. 7. "Grab" sample, is a single "dip and take" sample so as to be representative of the parameter being monitored. 8. "In -situ" measurement is defined as a single reading, observation or measurement taken in the field at the point of discharge. 9. "Instantaneous" measurement is a single reading, observation, or measurement performed on site using existing monitoring facilities, 10. "New source" is generally defined as a coal mine (or major alteration to a coal mine) the construction of which commenced after May 4, 1984. See 40 CFR 434.110) for the complete definition. 11. "Potentially dissolved (PD) metals fraction" is defined in the Basic Standards and Methodologies for Surface Water 1002-31, as that portion of a constituent measured from the filtrate of a water and suspended sediment sample that was first treated with nitric acid to a pH of 2 or less and let stand for 8 to 96 hours prior to sample filtration using a 0.40 or 0.45 -UM (micron) membrane filter. Note the "potentially dissolved" method cannot be used where nitric acid will interfere with the analytical procedure used for the constituent measured. 12. "Quarterly measurement frequency" means samples may be collected at any time during the calendar quarter if a continual discharge occurs. If the discharge is intermittent, then samples shall be collected during the period that discharge occurs. 13. "Recorder" requires the continuous operation of a chart and/or totalizer (or drinking water rotor meters or pump hour meters where previously approved.) 14. "Settleable solids analytical procedure" is contained in 40 C]~1CFR 434.64. The method detection limit for measuring settleable solids under this part shall be 0.4 ml/1. 15. "Seven (7) day average" means, with the exception of fecal coliform or E. soli bacteria, the arithmetic mean of all samples collected in a seven (7) consecutive day period. For fecal coliform or E. coli bacteria, it is the geometric mean of all samples taken in a seven (7) consecutive day period. Such seven (7) day averages shall be calculated for all calendar weeks, which are defined as beginning on Sunday and ending on Saturday. If the calendar week overlaps two months (i.e. the Sunday is in one month and the Saturday in the PART II Page No. 15 Permit No. COG -500000 following month), the seven (7) day average calculated for that calendar week shall be associated with the month that contains the Saturday. Samples may not be used for more than one (1) reporting period. (Not applicable to fecal coliform or E. coli determinations.) 16. "Thirty (30) day average" means the arithmetic mean of all samples collected during a thirty -consecutive -day period. The permittee shall report the appropriate mean of all self -monitoring sample datacollected during the calendar month on the Discharge Monitoring Reports. Samples shall not be used for more than one reporting period. 17. "Total Metals" means the concentration of metals determined in an unfiltered sample following vigorous digestion (Section 4.1.3), or the sum of the concentrations of metals in both the dissolved and suspended fractions, as described in Manual of Methods for Chemical Analysis of Water and Wastes, U.S. Environmental Protection Agency, March 1979, or its equivalent 18. "Total Recoverable Metals" means that portion of a water and suspended sediment sample measured by the total recoverable analytical procedure described in Methods for Chemical Analysis of Water and Wastes, U.S. Environmental Protection Agency, March 1979 or its equivalent. 19. "Twice Monthly" monitoring frequency means that two samples shall be collected each calendar month on separate weeks with at least one full week between the two sample dates. Also, there shall be at least one full week between the second sample of a month and the first sample of the following month. 20. "Visual" observation is observing the discharge to check for the presence of a visible sheen or floating oil. 21. "Water Quality Control Division" or "Division" means the state Water Quality Control Division as established in 25-8-101 et al. Additional relevant definitions are found in the Colorado Water Quality Control Act, CRS § 25-8-101 et seq.., the Colorado Discharge Permit System Regulations, (Regulation 61 - 5 CCR 1002-61) and other applicable regulations. D. GENERAL MONITORING, SAMPLING, AND REPORTING REQUIREMENTS 1. Routine Reporting of Data Reporting of the data gathered in compliance with Part I.P.3, shall be on a quarterly basis. Reporting of all data gathered shall comply with the requirements of Part I.D. (General Requirements). Monitoring results shall be summarized for eachcalendar quarter and reported on Division approved discharge monitoring report @MR) forms (EPA form 3320-1). The form shall be mailed to the Division at the address listed below so they are received no later than the 28th day of the month following the end of the quarter (for example, the DMR for the first calendar quarter must be received by the Division by April 28th). If no discharge occurs during the reporting period, "No Discharge" shall be reported. The DMR forms consist of four pages - the top "original" copy, and three attached no -carbon -required copies. After the DMR form has been filled out and signed, the four copies must be separatedand distributed as follows: The first original signed copy of each discharge monitoring report (DMR) shall be submitted to the Division atthe following address: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, CO 80222-1530 Additional copies are for the permittee records. The Discharge Monitoring Report forms shall be filled out accurately and completely in accordance with requirements of this permit and the instructions on the forms. They shall he signed by an authorized person as identified in Part 1.117 shall sign them. Calculations for all limitations, which require the averaging of measurements, shall utilize an arithmetic mean unless otherwise specified by the Division in the permit. 2. Reporting - Stormwater Annual Report The permittee will be required to submit an Annual Report, covering January 1 through December 31 of each year, on the overall compliance with the SWMP. The Annual Report will contain, at a minimum: a) Name of permittee, address, phone number, and permit certification number. b) A report on the facility's overall compliance with the SWMP. c) A summary of each comprehensive stormwater facility inspection made, including date, findings, and action taken. d) Results and interpretation of any stormwater monitoring performed. e) The report shall be signed and certified for accuracy by the permittee, including the certification language contained in Part I.D.7. o PART II Page No. 16 Permit No. COG -500000 the permit. The Annual Report will be due to the Division on or before February 15 of each year, after the first full year of coverage under the permit. The exact due date for the permittee's first Annual Report will be listed in their permit certification. The Division reserves the right to require additional information in the report, on a case -by -case basis, as needed. All reports required for submittal shall be signed and certified for accuracy by the permittee (see Part I.D.7.). Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, CO 80222-1530 Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and approval by the Division. If the permittee monitors at the point of discharge any pollutant limited by the permit more frequently than required by the permit, using approved test procedures or as specified in the permit, the result of this monitoring shall be included in the calculation and reporting of data to the Division. 4. Analytical and Sampling Methods for Monitoring The permittee shall install, calibrate, use and maintain monitoring methods and equipment, including biological and indicated pollutant monitoring methods. All sampling shall be performed by the permittee according to specified methods in 40 C.F.R. Part 136; methods approved by EPA pursuant to 40 C.F.R. Part 136; or methods approved by the Division, in the absence of a method specified in or approved pursuant to 40 C.F.R. part 136. The analytical method selected for a parameter shall be the one that can measure the lowest detected limit for that parameter unless the permit limitation or stream standard for those parameters not limited, is within the testing range of another approved method. When requested in writing, the Division may approve an alternative analytical procedure or any significant modification to an approved procedure. When the most sensitive analytical method which complies with this part, has a detection limit greater than or equal to the permit limit, the permittee shall report "less than (the detectable limit)," as appropriate. Such reports shall not be considered as violations of the permit limit. The present lowest practical quantitation limits (PQL) for specific parameters (which have limitations that are, in some cases, less than or equal to the detection limit) are as follows: Effluent Parameter PQLs, p.gil Arsenic Cadmium Chromium Chromium, Hexavalent Copper Cyanide Iron Lead Manganese Mercury Nickel Phenols Selenium Silver Uranium Zinc 1 0.06 2 2 5 10 10 1 2 0.003 3 15 1 0.5 1 10 These limits apply to the total recoverable or the potentially dissolved fraction of metals. For hexavalent chromium, samples must be unacidified so dissolved concentrations will be measured rather than potentially dissolved concentrations. The procedure for determining settleable solids is contained in 40 CFR 434.64. The method detection limit for measuring settleable solids under this part shall be 0.4 m1/l. PART II Page No. 17 Permit No. COG -500000 5. Records The permittee shall establish and maintain records. Those records shall include the following: a. The date, type, exact location, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) the analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; f. The results of such analyses; and g. Any other observations, which may result in, an impact on the quality or quantity of the discharge as indicated in 40 CFR 12.2.44 (I)(1)(iii). The permittee shall retain for a minimum of three (3) years records of all monitoring information, including all original strip chart recordings for continuous monitoring instrumentation, all calibration and maintenance records, copies of all reports required by this permit and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Division or EPA. Flow Measuring Device If not already a part of the permitted facility, within ninety (90) days after the effective date of the permit, a flow measuring device shall be installed to give representative values of effluent quantities at the respective discharge points, Unless specifically exempted or modified by the Division, a flow -measuring device will be applicable at all designated discharge points. At the request of the Division, the permittee shall show proof of the accuracy of any flow -measuring device used in obtaining data submitted in the monitoring report. The flow -measuring device must indicate values within ten (10) percent of the actual flow being discharged from the facility. 7. Signatory and Certification Requirements All reports and other information required by the Division, shall be signed and certified for accuracy by the permittee in accord with the following criteria: i) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; ii) In the case of a partnership, by a general partner; iii) In the case of a sole proprietorship, by the proprietor; iv) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. b. All reports required by permits, and other information requested by the Division shall be signed by a person as described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: i) The authorization is made in writing by a person described above; ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and, iii) The written authorization is submitted to the Division. If an authorization as described in this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of this section must be submitted to the Division prior to or together with any reports, information, or applications to be signed by an authorized representative. The permittee, or the duly authorized representative shall make and sign the following certification on all such documents: PART II Page No. 18 Permit No. COG -500000 "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." PART II A. NOTIFICATION REQUIREMENTS 1. Notification to Parties All notification requirements under this section shall be directed as follows: a. Oral Notifications, other than for spills, during normal business hours shall be to: Water Quality Protection Section - Industrial Compliance Program Water Quality Control Division Telephone: (303) 692-3500 Spills notifications at any time and other notifications after hours shall be to: Emergency Management Program Laboratory and Radiation Services Division Telephone: (877) 518-5608 b. Written notification shall be to: Water Quality Protection Section - Industrial Compliance Program Water Quality Control Division Colorado Department of Public Health and Environment WQCD-WQP-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 2. Change in Discharge Notice is required only when: a. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged, or; b. The alteration or addition results in a significant change in the perrnittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported pursuant to an approved land application plan. The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Whenever notification of any planned physical alterations or additions to the permitted facility is required pursuant to this section„ the permittee shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge, the stream, or ground water. If the Division finds that such new or altered discharge might be inconsistent with the conditions of the permit, the Division shall require a new or revised permit application and shall follow the procedures specified in Sections 61.5 through 61.6, and 61.15 of the Colorado Discharge Permit System Regulations. Special Notifications - Definitions a. Bypass: The intentional diversion of waste streams from any portion of a treatment facility. b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. It does not mean economic loss caused by delays in production. PART II Page No. 19 Permit No. COG -500000 c, Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so as to be lost from the treatment, processing or manufacturing system which may cause or threaten pollution of state waters. d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 4. Noncompliance Notification a. If, for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations or standards specified in this permit, the permittee shall, at a minimum, provide the Division and EPA with the following information: 0 A description of the discharge and cause of noncompliance; ii) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and iii) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b. The permittee shall report the following circumstances orally within twenty-four (24) hours from the time the permittee becomes aware of the circumstances, and shall mail to the Division a written report containing the information requested in Part II. .4 (a) within five (5) days after becoming aware of the following circumstances: i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause of the incident; ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; iii) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; iv) Daily maximum violations for any of the pollutants limited by Part I.A of this permit and specified as requiring 24 -hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. The permittee shall report instances of non-compliance which are notrequired to be reported within 24 -hours at the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub -paragraph (a) of this section. Other Notification Requirements Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule in the permit shall be submitted no later than fourteen (14) days following each scheduled date, unless otherwise provided by the Division. The permittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer ofpermit as provided in Part II.B.3. The permittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Division as soon as they know or have reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": i. One hundred micrograms per liter (100 ug/1); ii. Two hundred micrograms per liter (200 ugll) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug,/`l) for 2.4- dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; iii. Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 61.4(2)(g). PART II Page No. 20 Permit No. COG -500000 iv. The level established by the Division in accordance with 40 CFR ' 122.44(f). b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequentbasis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": i. Five hundred micrograms per liter (500 ugh); ii. One milligram per liter (1 mg/l) for antimony; and iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit application. iv. The level established by the Division in accordance with 40 CFR' 122.44(f). 6. Bypass Notification If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations of requirements imposed by the Division will constitute a violation of this permit. 7. Upsets a. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: An upset occurred and that the permittee can identify the specific cause(s) of the upset; and ii. The permitted facility was at the time being properly operated and maintained; and iii. The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24 -hour notice); and iv. The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health or the environment. In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding, the permittee seeking to establish the occurrence of anupset has the burden of proof 8. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems, which are installed by the permittee only when necessary to achieve compliance with the conditions of the permit. PART II Page No. 21 Permit No. COG -500000 10. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of this permit., which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. 11. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in accordance with applicable state and federal regulations, For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the permittee shall promptly submit the relevant information, which was not submitted, or any additional information needed to correct any erroneous information previously submitted 13. Bypass a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass, unless: i. The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage ii. There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise ofreasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii.. Proper notices were submitted in compliance with Part II.A.4. b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss of natural resources, which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production, c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph a. above. d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that the bypass will meet the conditions specified in paragraph a. above. 14. Reduction, Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility is restored or an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Division and/or the authorized representative, upon the presentation of credentials: a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to PART II Page No. 22 Permit No. COG -500000 inspect any monitoring equipment or monitoring method required in the permit; and c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate, any actual, suspected, or potential source of water pollution, or to ascertain compliance or non compliance with the Colorado Water Quality Control Act or any other applicable state or federal statute or regulation or any order promulgated by the Division. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing of any person having knowledge related to the discharge permit or alleged violation, access to any and all facilities or areas within the permitteers premises that may have any affect on the discharge, permit, or alleged violation. Such entry is also authorized for inspecting and copying records required to be kept concerning any effluent source. d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but before the discharge mixing with state waters upon presentation of proper credentials. In the making of such inspections, investigations, and determinations, the Division, insofar as practicable, may designate as its authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from any other state or local agency or institution. Duty to Provide Information The permittee shall furnish to the Division, within a reasonable time„ any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. 3. Transfer of Ownership or Control a. Except as provided in paragraph b. of this section, a permit may be transferred by a permittee only if the permit has been modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Permit System Regulations, to identify the new permittee and to incorporate such other requirements as may be necessary under the Federal Act . A permit may be automatically transferred to a new permittee if: i. The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and ii. The notice includes a written agreement between the existing and new permittee(s) containing a specific date for transfer of permit responsibility, coverage and liability between them; and iii. The Division does not notify the existing permittee and the proposed new permittee of its intent to modify, or revoke and reissue the permit. iv. Fee requirements of the Regulations for the State Discharge Permit System, Section 61.15 have been met. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.5.(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. The name and address of the permit applicant(s) and permittee(s), permit applications, permits and effluent data shall not be considered confidential. Knowingly making false statement on any such report may resultin the imposition of criminal penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. 5. Modification, Suspension, Revocation, or Termination of Permits By the Division The filing of a request by the permittee for a permit modification, revocation, and reissuance/termination or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: i. Violation of any terms or conditions of the permit: ii. Obtaining a permit by misrepresentation or failing to disclose any factwhich is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; or iii. Materially false or inaccurate statements or information in the permit application or the permit. PART II Page No. 23 Permit No. COG -500000 iv. A determination that the permitted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable levels by permit modifications or termination. b. A permit may be modified in whole or in part for the following causes, if such modification complies with the provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: i. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. ii. The Division has received new information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions atthe time of issuance. For permits issued to new sources or new dischargers, this cause includes information derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations.. This provision allows a modification of the permit to include conditions that are less stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System Regulations. iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued.. Permits may be modified during their terms for this cause only as follows: (A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, ' 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with respect to the water quality standard or effluent limitation on which the permit condition was based; and (C) The permittee requests modification after the notice of final action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with this Regulation, within ninety (90) days of judicial remand. iv. The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control and for which there is no reasonable available remedy. v. The permittee has received a variance. vi. When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to ' 307(a) of the Federal act. vii. When required by the reopener conditions in the permit. viii. As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment program. ix. When the level of discharge of any pollutant, which is not limited in the permit, exceeds the level, which can be achieved by the technology -based treatment requirements appropriate to the permittee under Section 61.8(2) of the Colorado Discharge Permit System Regulations. x. To establish a pollutant notification level required in Section 61.8(5) of the Colorado Discharge Permit System Regulations. xi. To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions, to the extent allowed in Section 61.10 of the Colorado Discharge Permit System Regulations. xii. When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan. xiii. For any other cause provided in Section 61.10 of the Colorado Discharge Permit System Regulations.. c. At the request of a permittee. the Division may modify or terminate a permit and issue a new permit if the following conditions are met: i. The Regional Administrator has been notified of the proposed modification or termination and does not object in writing within thirty (30) days of receipt of notification, ii. The Division finds that the pennittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modifications or termination; iii. Requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met, and PART II Page No. 24 Permit No. COG -500000 iv. Requirements of public notice have been met. d. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be subject to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the Colorado Discharge Permit System Regulations. The Division shall act on a permit modification request, other than minor modifications requests, within 180 days of receipt thereof. Except for minor modifications, the terms of the existing permit govern and are enforceable until the newly issued permit is formally modified or revoked and reissued following public notice. Upon consent by the permittee, the Division may make minor permit modifications without following the requirements of Sections 61.5(2), 61.5(3), 61.7, and 61.15 of the Colorado Discharge Permit System Regulations. Minor modifications to permits are limited to: i. Correcting typographical errors; or ii. Increasing the frequency of monitoring or reporting by the permittee; or iii. Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than 120 days after the date specific in the existing permit and does not interfere with attainment of the final compliance date requirement; or iv. Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittees has been submitted to the Division; or v. Changing the construction schedule for a discharger which is a new source, but no such change shall affect a discharger's obligation to have all pollution control equipment installed and in operation prior to discharge; or vi. Deleting a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with permit limits. g. When a permit is modified, only the conditions subjectto modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination does not stay any permit condition. h. All permit modifications and reissuances are subject to the antibacksliding provisions set forth in 61.10 (e) through (g). 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability) of the Clean Water Act. 7. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 8. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 9. Property Rights The issuance of this permit does not convey any property or water rights in either real or personal property. or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 10. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit to any circumstance, are held invalid, the application of such provision to other circumstances and the application ofthe remainder of this permit shall not be affected. PART II Page No. 25 Permit No. COG -500000 11. Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can terminate the permit in accordance with Part II.B.5. 12. Confidentiality Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (12) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 13. Fees The permittee is required to submit payment of an annual fee as set forth in the 1983 amendments to the Water Quality Control Act. Section 25-8-502 (1) (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. 14. Duration of Permit The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration may be extended only through administrative extensions and not through interim modifications. 15. Section 307 Toxics If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 16, Antibacksliding a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b) (BPJ) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph c. of this section are met: i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of less stringent effluent limitations; or ii. Information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or standard at the time of permit issuance; or iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which justified relaxation of the effluent limitations or standards; or iv. A less stringent effluent limitation or standard is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or v. The permittee has received a permit variance; or vi. The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(b) or (c) of the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section are met. i. In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standard, or the designated use which is not being attained is removed in accordance with Section 31.6 of the Basic Standards. ii. In waters where the applicable water quality standard has been attained, effluent limitations based on a total maximum daily PART II Page No. 26 Permit No. COG -500000 load, other waste load allocation, or any other permitting standard (including any water quality standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegradation provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters in question have been designated by the Commission as "use protected"; or iii. Whether or not the applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justified the application of less stringent effluent limitations; or A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which (B) g there is not reasonable available remedy; or (C) The permittee has received a permit variance; or (D) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time ofpermit renewal, reissuance, or modification). c. In no event may a permit with respect to which paragraphs a. and b. of this section apply be renewed, reissued, or modified to contain an effluent limitation or standard which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of an applicable water quality standard. 17. Effect of Permit Issuance a. The issuance of a permit does not convey any property rights or any exclusive privilege. b. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights, nor does it authorize the infringement of federal, state, or local laws or regulations. c. Except for any toxic effluent standard or prohibition imposed under Section 307 o f the Federal act or any standard for sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in Section 61.8(8) of the Colorado Discharge Permit System Regulations. d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal. 18. Requiring an Individual CDPS Permit. The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: a. The discharger is not in compliance with the conditions of this General Permit; or, b. Conditions or standards have changed so that the discharge no longer qualifies for a General Permit: or, c. Data becomes available which indicates water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the General Permit to that owner or operator is automatically terminated upon the effective date of the individual CDPS permit. 19. Requesting an Indi\ idual CDPS Permit Any owner or operator covered by this General Permit may request to be excluded from the coverage by applying for an individual CDPS permit. 20. Requesting Coverage Under the General Permit The owner or operator of a facility excluded from coverage by this General Permit solely because that facility already has an individual permit may request that the individual permit be revoked and that the facility be covered by this General Permit. Such request shall be evaluated by the Division per criterion specified in Part I of this permit. Exhibit E — Reclamation Plan BACKFILL NOTICE Inert structural fill may be imported or utilized from existing sources, along with. processing fines and reject material to fill portions of Tracts A and B — the extent and location of which will be field determined during final reclamation in order to advance alternative end -use potentials for post extraction development. The estimated total volume off 11 for this location is determined as follows: The date off 11 activity will commence at onset of approval of this application, and continue for the life of the project, estimated at 30-35± years. Material will be mixed with on -site processing fines and reject prior to fill to eliminate void spaces, where necessary; or as otherwise utilized under recycling activities. The filled portions of a given tract will be re -vegetated with the approved seed mix. All material either extracted on site, or imported to the site, will be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. I, Garret C. Varra, hereby attest that the material to be utilized as inert fill in the area described as Parcel 122, is clean and inert as defined in Rule 1.1(20) of the Rules and Regulations. Ins," -Keys's-- Garrett C. Varra, Vice -President - Operations Varra Companies, Inc. varra Companies, Inc. °MLR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 Exhibit L. - Table L-1: Primary/Preferred Re -vegetation Seed Mixture and Costs i ecies Scientific Name S ecies Common Name 1 Variet % Mix # e is/Acre *Cost/# e is Total ($) Panicum virgatum Switchgrass Trailblazer 20 0.9 6.15 5.54 Bouteloua curtipendula Sideoats grama Vaughn 20 1.8 5.65 10.17 Festuca ovina Sheep fescue Covar 15 0.4 2.15 0.86 Oryzopsis hymenoides Indian ricegrass El Vado 15 1.9 3.35 6.37 Bouteloua gracilis Blue grama Lovington 10 0.2 7.80 1.56 Schiza chyrium scoparium Little bluestem Pastura 05 0.7 9.00 6.30 Poa a pratensis Kentucky bluegrass Livingston 05 0.05 2.6 5 0.14 Tall wheatgrass Alkar 05 1.1 1.35 1.35 Elytrigia elongate Bromus inermis Smooth brome Manchar 02 0.1 1..9 0.13 Sporobolus airoides Alkali sacaton 01 0.01 8.95 0.09 Sporobolus cryptandrus Sand dropseed 01 0.01 4.25 0.05 Trifoliurn repens Strawberry clover }'Conner 01 0.1 4.70 0.47 Sub -TOTAL 100 7.27 57.29 33.03 Mulch Substitute Regreen TM WheatX heatgrass 10.00 2.75 27.50 60.53 TOTAL Acre = per Rates shown are based upon drilled rates. Where broadcasting is necessary or preferred, rates will double.Note: (*) = Trace. Some houses will not mix less than 0.1#. Since species availability may vary, the operator may substitute species of similar utility. The species described are therefore subject to change without revision to the permit. Regreen is a substitute for the use of mulch, providing live stabilization that will die out within three years as the native grasses begin to express themselves.. The overall mixture is intended to provide ample genetic potential over highly variable soils with a reasoned mix of height, form, color, function (bunch and sod forming), and season (cool and warm season). Costs used two sources which will vary by season and availability; and, where cost was not available, a reasonable estimate was given based upon comparable species. Varra Companies, Inc. Parcel 122 — Resource Development Project OMLR 112 Permit Application 1July 2015 Exhibit E - Table B-1: Primary/Preferred Re -vegetation Seed Mixture i ecies Scientific Name S Jecies Common Name } Variety % Mix #' is/Acre Panicum virgatum Switchgrass Forestburg 20 0.9 Bouteloua curtipendula Sideoats grama Vaughn 20 1.8 Festuca ovina Sheep fescue Covar 15 0.4 Oryzopsis hymenoides Indian ricegrass Rimrock 15 1.9 Bouteloua gracilis Blue grama Lovington 10 0.2 Schizachyrium scoparium Little bluestem Pastura 05 0.7 Poa pratensis Kentucky bluegrass Livingston 05 0.05 Tall wheatgrass Alkar 05 1.1 Elytrigia elongate Bromus inermis Smooth brome Manchar 0? 0.1 Sporobolus airoides oide s Alkali sacaton 01 0.01 Sporobolus cryptandrus Sand dropseed 01 0.01 Trifoliurn repens Strawberry clover O'Conner 01 0.1 Sub -TOTAL 100 7.27 Mulch Substitute Regreen TM WheatXWheatgrass 10.00 17.27 TOTAL Acre = per Rates shown are based upon drilled rates. Where broadcasting is necessary or preferred, rates will double.Note: (*) = Trace. Some houses will not mix less than 0.1#. Since species availability may vary, the operator may substitute species of similar utility or from an adjusted mixture of species and rates from the Preferred or Optional Mixes, in part or whole. The species described are therefore subject to change without revision to the permit. Regreen is a substitute for the use of mulch, providing live stabilization that will die out within three years as the native grasses begin to express themselves. The overall mixture is intended to provide ample genetic potential over highly variable soils with a reasoned mix of height, form, color, function (bunch and sod forming), and season (cool and warm season). Varra Companies, Inc. OMM/ILR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 Exhibit E — Reclamation Plan 6.4.5 EXHIBIT E - Reclamation Plan (1) In preparing the Reclamation Plan, the Operator/Applicant should be specific in terms of addressing such items as final grading (including drainage), seeding, fertilizing, revegetation (trees, shrubs, etc.), and topsoiling. Operators/Applicants are encouraged to allow flexibility in their plans by committing themselves to ranges of numbers (e.g., 6"-12" of topsoil) rather than specific figures. (2) The Reclamation Plan shall include provisions for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the Operator/Applicant. Reclamation shall be required on all the affected land. The Reclamation Plans shall include: (a) A description of the type(s) of reclamation the Operator/Applicant proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of Bart -moving; (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. In those instances where the post -mining land use is for industrial, residential, or commercial purposes and such use is not reasonably assured, a plan for revegetation shall be submitted. Appropriate evidence supporting such reasonable assurance shall be submitted; (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1; (d) Where applicable, plans for topsoil segregation, preservation, and replacement; for stabilization, compaction, and grading of spoil; and for revegetation. The revegetation plan shall contain a list of the preferred species of grass, legumes, forbs, shrubs or trees to be planted, the method and rates of seeding and planting, the estimated availability of viable seeds in sufficient quantities of the species proposed to be used, and the proposed time of seeding and planting; (e) A plan or schedule indicating how and when reclamation will be implemented. Such plan or schedule shall not be tied to any specific date but shall be tied to implementation or completion of different stages of the mining operation as described in Subparagraph 6.4.4(1)(e). The plan or schedule shall include: (i) An estimate of the periods of time which will be required for the various stages or phases of reclamation; (ii) A description of the size and location of each area to be reclaimed during each phase; and (iii) An outline of the sequence in which each stage or phase of reclamation will be carried out. (The schedule need not be separate and distinct from the Reclamation Plan, but may be incorporated therein.) (f) A description of each of the following: Varra Companies, Inc. OisiELR 112 Permit Application 1 Parcel 122 — Resource Development Project 20 April 2017 Exhibit E — Reclamation Plan (i) Final grading - specify maximum anticipated slope gradient or expected ranges thereof; (ii) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting; (iii) Fertilization - if applicable, specify types, mixtures, quantities and time of application; (iv) Revegetation - specify types of trees, shrubs, etc., quantities, size and location; and (v) Topsoiling - specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. This application provides substantial detail of features by utilizing aerial photography ortho-rectified to near survey accuracy. This highly accurate and detailed portrayal of the mining and reclamation is visible under Exhibit C-1: Existing Conditions Map, Exhibit C-2: Extraction Plan Map, and, Exhibit F Reclamation Map. How reclamation will occur over affected lands is further detailed under Exhibit L — Reclamation Costs. As extraction progresses over planned areas in Tracts A and B; the resulting slopes created during extraction (refer to Exhibit D - Extraction Plan) will be concurrently modified by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with Rule 3.1.5(7). Lands above the anticipated final water level of the basins and within 10.0 feet below the anticipated final water level of the basins will be graded to 3H:1 V, or flatter. Lands below 10.0 feet from the anticipated final water level of the basins will also be graded to 3H:1V, or flatter. Naturally occurring slopes may exceed 2H:1V where not otherwise affected by extraction activities and will not be altered as part of reclamation unless necessary to facilitate the reclamation of affected lands. A Backfill Notice is included with this application as an Addendum at the back of Exhibit E — Reclamation Plan, to facilitate the use of inert fill over portions of the extracted lands to accomplish final end -use potentials, reservoir storage, and other mixed uses, which may include residential, commercial or industrial structures or uses otherwise approved now or in the future by Weld County, Colorado. The extent and nature of the reservoir represents the maximum build -out respective of optimal extraction of commercial product and resulting final slopes. All affected lands remaining above the anticipated high water mark of the finished reservoirs will be capped with a minimum of six (6.0±) inches of soil, as supported by Exhibit I & J - Soils and Vegetation Information. Timing and use of soil is Varra Companies, Inc. OisiELR 112 Permit Application 2 Parcel 122 — Resource Development Project 20 April 2017 Exhibit E — Reclamation Plan detailed further under Exhibit I & J — Soils and Vegetation Information and Exhibit L — Reclamation Costs. Where compacted lands requiring revegetation exist, those locations will be ripped prior to re -soil application. There are no known areas of compaction at the time of this application which would require such activity; and ripping remains a contingency of the application. The final land configuration resulting from completed extraction will create the Primary End Use of Developed Water Resources, forming two reservoir basins totaling 96.49± surface acres as shown on Exhibit F: Reclamation Map. The West Basin of Tract A comprises 50.36± acres and will create a surface water area of 46.30± acres at full build out. The East Basin of Tract B is 46.13± acres and will create a surface water area of 43.07± acres at full build out. Since the existing lands comprised predominantly of crops, ornamental, or introduced species; disturbed lands remaining above the static water level of the basins (4795' elevation), will be revegetated with an enduring stabilizing cover of predominantly native grasses (refer to Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table E-2: Optional/Default Revegetation Seed Mixture. This optional mixture provides for the use of other genetic potential and species combinations under failed conditions consistent with the seed mixture utilized over the pre - disturbed lands. A wheat x wheatgrass sterile hybrid will be combined with either applied mixture as a substitute for the use of mulch to aid establishment of newly seeded areas. The target for release of revegetated lands is based upon the establishment of a stabilizing cover of predominantly native vegetation whose foliar umbrella equals or exceeds 25 percent of the total area of the ground as measured one inch above the native soil on a square meter basis for typical areas of reclaimed cover achieved within five years subsequent to the completion of all extraction activities. Lands not otherwise occupied for use as Developed Water Resources will be later developed to the highest possible end -use, and will likely comprise mixed agricultural, light residential, commercial or industrial uses. Mixed use(s), may also include, but are not limited to: the retention of existing structures as desired (e.g., portable or fixed concrete batch plant, asphalt batch plants, recycling facilities and related structures, shop, scale-house/office; and supporting facilities such as fuel depots, parking areas, oil and gas facilities access, etc.) for continued industrial - commercial uses; the creation of unforeseen future Varra Companies, Inc. OisiELR 112 Permit Application 3 Parcel 122 — Resource Development Project 20 April 2017 Exhibit E — Reclamation Plan structures, and for the use and development of on -site water resources. Since the area of surrounding lands is a mix of these uses, the site end use will retain these potentials. The rate of reclamation activity, including grading, soiling and revegetation will follow concurrently with extraction and the respective timetables identified for extraction under Exhibit D — Mining Plan. All timetables are contingent upon market conditions. With extraction activities anticipated to take up to 25-30 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to 25-30± years, or the year 2045-50. The actual end point is five (5.0+) years subsequent to the completion of all recoverable materials and successful release of all reclamation required under the approved State of Colorado Division of Reclamation Mining and Safety (DRMS) permit. A Backfill Notice follows this page, as part of this Exhibit. The use of inert fill will facilitate the timely fill of selected portions of the project areas, and related reclamation of affected lands and use of related water resources (refer to Exhibit L Reclamation Costs). Varra Companies, Inc. OisilLR 112 Permit Application 4 Parcel 122 — Resource Development Project 20 April 2017 Exhibit E — Reclamation Plan BACKFILL NOTICE Inert structural fill may be imported or utilized from existing sources, along with processing fines and reject material to fill portions of Tracts A and B — the extent and location of which will be field determined during final reclamation in order to advance alternative end -use potentials for post extraction development. The estimated total volume of fill for this location is determined as follows: The date of fill activity will commence at onset of approval of this application, and continue for the life of the project, estimated at 30-35± years. Material will be mixed with on -site processing fines and reject prior to fill to eliminate void spaces, where necessary; or as otherwise utilized under recycling activities. The filled portions of a given tract will be re -vegetated with the approved seed mix. All material either extracted on site, or imported to the site, will be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. I, Garret C. Varra, hereby attest that the material to be utilized as inert fill in the area described as Parcel 122, is clean and inert as defined in Rule 1.1(20) of the Rules and Regulations. Garrett C. Varra, Vice -President - Operations Varra Companies, Inc. Varra Companies, Inc. OisilLR 112 Permit Application 5 Parcel 122 — Resource Development Project 20 April 2017 Exhibit L — Reclamation Costs 6.4.12 EXHIBIT L - Reclamation Costs (1) All information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. The information provided by the Operator/Applicant must be sufficient to calculate the cost of reclamation that would be incurred by the state. (2) The Office may request the Operator/Applicant to provide additional, reasonable data to substantiate said operator/Applicant's estimate of the cost of reclamation for all Affected Lands. SUMMARY OVERVIEW: Summary Status of Affected and Unaffected land as of this Amendment (Exhibit C-1: Existing Conditions and Exhibit C-2: Extraction Plan Map): Table 1 - Primary Data on Area of Affected Lands and Reclaimed Features: Entity A Combined Tract Tract B [ Extraction Area 55.21± Acres 46.76± Acres 101.97± Acres Finished Basin Area 53.94± 99.64± Acres Acres 45.70± Acres Static Water Area (Elevation 4790 feet) 49.64± 90.87± Acres Acres 41.23± Acres Area (Extraction Above Static Water Level Area — Static Water Area) 5.57± Acres 11.10± Acres 5.53± Acres Basin Area Volume (cu.ft.) 2,980,860.41 1,890,833.47 4,871,693.88 Percent (%) Recuction - Static Water Level Volume (cu.ft.) - 8% -10% Static Water Level Volume (cu.ft.) 2,742,391.58 1,701,750.12 4,444,141.70 Static Water Level Volume (Gallons) 553,891,868.21 343,709,322.94 897,601,191.15 NOTE Well: All lands within the 100.63± acre permit area are to be considered as affected lands under C.R.S. 34-32.5-103(1) respective of this permit application and any subsequent permit revisions or amendments to the permit as originally approved. The following assumptions of are based upon the pre -disturbed state of the application for purposes of determining estimated costs of reclamation and correlated financial warranty. Where appropriate, information is generalized and approximated from similar estimates determined by the Colorado Office of Mined Land Reclamation (OMLR), as indicated: Varra Companies, Inc. Varra-Coulson Resource Project 1 OMLR 112 Permit Application 1 July 2015 Exhibit L — Reclamation Costs Summary of Reclamation Costs: 3,656.00± Total Site Discharge Avg. Life of the Mine 75,967.11± Total Grading per Extraction Front. $ 8,490.42± Total Re -soiling $ 2,931.75± Total Re -vegetation Expense $ 91,045.28± Sub -Total $ 4,322.00± Possible Mobilization and Demobilization Costs (est. from OMLR Coulson) $ 95,364.28± Sub -Total Direct Costs $ 23,207.63± Possible Indirect Costs Pending RMS Indirect Costs @ 24.335 % of Total Reclamation Costs $118,571.91± Grand Total - Financial Warranty Amount — Pending OMLR Review and estimates including estimated expenses for State ofColorado Mobilization and Demobilization and other `Indirect' cost determinations by the Office. RECLAMATION EXPOSURE: Based upon the Mining and Reclamation Plans of this application, the status and trend of activities and affected land; and related calculations to estimate reclamation liability, are determined as follows. Please Note: Due to the difficulty of calculating heavy equipment costs similar to the Division's software program, unit costs from previous and reasonably current Division estimates of like or similar kind have been utilized to create a reasonably close estimate. The per unit basis from Division records are shown along with other sources used or referenced to determine unit costs, at the back of this exhibit. DEWATERING: Until otherwise indicated, extraction will commence first in Tract A and be completed there before opening extraction of Tract B. The estimate is tied to the initial seven years of operations in Tract A. Two previous methods of determination are utilized, combined, and averaged as the final estimate, as follows: Initial Determinations: Correcting the volume by a difference in the surface area of the basin of Tract A with the surface elevation area of the anticipated static water level of the resulting reservoir of 8 percent = 2,742,391.58± cu.yds = 553,891,868.21 gallons total anticipated water volume for Tract A. Assuming the life of the mine runs to the minimum term of extraction, or 25 years, the rate of extraction over the current combined extraction limits area of 101.97± acres is slightly more than 4.0± acres of extraction per year, or nearly 13.8± years to complete the full extraction of Tract A. Therefore, approximately 7 years would pass to extract half the area of extraction of Tract A. In the event of default, pumps could be maintained or restarted, and anticipate only half the volume of half the extracted area of Tract A have occurred, then the total gallons of Tract A Varra Companies, Inc. Varra-Coulson Resource Project 2 OMLR 112 Permit Application 1 July 2015 Exhibit L — Reclamation Costs divided by 4 = 138,472,967.05 gallons to dewater in default at the end of 7 years of extraction. Estimate #1 (refer to Kurtz estimate utilizing similar pump and rates): 138,472,967.05 gal x 0.000026/gal. discharge cost = Total Average Life of Mine Discharge Cost at Year 7 = 3,600.30 Estimate #2: (refer to Kurtz estimate utilizing similar pump and rates): Utilizing a 16" floating 150 HP/110KW/Hr at 5,000 gallon per minute capacity Fisher Pump discharging at a mean rate of 3750+ gallons of water per minute .e. 3750± gpm x 60 minutes = 225,000± gallons per hr. 138,472,967.05 gallons = 225,000± gal/hr = 615.44± hrs. = 24 = 25.64+ days to discharge the water Fisher Pumps (2024 East 8th St.; Greeley, CO) previously indicated they do not rent Fisher Pumps, but if they did, they would be determined in this manner: $18,750.00± cost of the pump of the same type as indicated above 2 @ half the value recovered in 3 months $ 9,375.00± 3 months $ 3,125.00± per month :30± days $ 104.17± per day x 25% mark-up for profit or $26.04 $ 130.21± per day (rental cost) x 25.64± days 3,338.58± Total Pump Use Cost The electrical cost for the pump will run as follows, utilizing information derived from United Power Company (Keith Emerson) based upon actual energy use from the same type and kind of Fisher Pump: Electric demand: 1 IOKW x 615.36± hours of use x $0.034± cents per hour = $20.92 ± $40.20 Meter Charge (Service Charge) $61.12± Total Electric Charge Varra Companies, Inc. Varra-Coulson Resource Project OMLR 112 Permit Application 1 July 2015 3 Exhibit L — Reclamation Costs Estimate labor at $12.00±/hour total x 26± hours (or one hour per day) $312.00± Labor .•. $ 3,711.70± Total Discharge Cost prior to grading sloped below existing pond. Average Value Estimate for Total Average Love of the Mine Discharge Cost @ Year 7 = $ 3,600.30 Method 1 Estimate + 3,711.70 Method 2 Estimate $ 7,312.00 : 2 = $ 3,656.00_I Average Discharge Cost @ year 7 Tract A. NOTE: The basins resulting from extraction may be reclaimed in an unlined state, since the operator retains sufficient water resources to do so. The basins may be lined or otherwise segregated from the area groundwater as an option to the approved permit, in order to liberate the water otherwise retained to supplement loss from evaporation in the unlined state. Since sufficient water resources exist, the option to line the resulting basins at an unspecified time during the life of the permit is retained under this application and as part of the approved permit. GRADING: As stated in Exhibit D — Extraction Plan: A 1600± linear foot standard morphing extraction front is comprised of a 1.25H :1v face along an approximate 800-1200± linear foot advancing; wall with trailing side slopes up to 400 total linear feet combined along either side of the advancing wall where it serves to define the predetermined boundary of the extraction limits shown on Exhibit C-2: Extraction Plan Map. Concurrent grading follows immediately behind the trailing side slopes as they occur along the extraction limits. This morphing extraction front, with its advancing wall, trailing side slopes, and concurrent reclamation along the extraction limits is approximate for all active Tracts. The 1600± linear foot total extraction front is `morphing' in that the total linear feet of the front will not exceed 1600± linear feet, however, the advancing wall and side slopes may deviate from the `standard' lengths described above. For example: If the advancing wall is only 600± linear feet, trailing side slopes may have a combined length pending finished grading of up to 1,000± linear feet. Another example Varra Companies, Inc. Varra-Coulson Resource Project 4 OMLR 112 Permit Application 1 July 2015 Exhibit L — Reclamation Costs is if the advancing wall is 1,400± linear feet long, there is only 200± linear feet of trailing wall, and operations must be more Johnny on the spot in keeping up with concurrency in this configuration. So the `morphing' of the front generally affects the pace of concurrent reclamation of the trailing wall. SURFACE 39 FOOT MEAN DEO11-i OF EXCAVATION DIAGRAM EXTRACTED FOLINEM110N 1 SLOPE IS. 3I -k 1V FOR 19 FEET FROM BASE 1.25H:1V EAFER TO SURFACE RECLAIMED FILL LOPE 3H: 1V FROM BASE TO SURVACE (AREA = 1015.0 SQ.FT_) Assuming a mean depth of advancing wall and sidewalls of 39.0± feet. 1600.00± lin.ft. (extraction front) x 1015.00± sq.ft. (required fill — Diagram 1, above) 1,624,000.00± cu.ft. : 27 = 60,148.15± LCY Average push distance is 50± feet using equipment and assumptions leading to per unit cost previously determined by OMLR (refer to Coulson estimates at back of this exhibit) _ $1.263 per LCY. 60,148.15± LCY x $ 1,263per LCY. $ 75,967.11_I to grade to required slope per 1600.4± lin.ft. extraction front. Soil Demand AND Re -soiling of Affected Lands (refer to Exhibit D): NOTE: The soil demand (and related costs) will decrease proportionately as extraction activities progress over each Tract of planned extraction as a result of concurrent reclamation. For now, an area estimate to reclaim the lands above the static water level of Tract A and the 10.00± acres of the Processing/Mineral Reserve Area (1) will be determined for resoiling expenses. Varra Companies, Inc. Varra-Coulson Resource Project 5 OMLR 112 Permit Application 1 July 2015 Exhibit L — Reclamation Costs 5.57± acres — Tract A Lands above Static Water Level 10.00± acres — Mineral Reserve Area (1) 15.57± acres — Requiring Revegetation from initial operations At a depth of 0.5± feet, the total volume = 15.57± acres x 0.5± feet of soil replacement x 43,560.0± sq.ft./acre = 27 cu.ft./cu.yd. = 12,259.80± cu.yds. total soil requirement. The majority of soil placement can occur using the an average placement distance of 600 ft., or less along embankments, (utilizing the same assumptions utilized at the Coulson Project as included with this exhibit). 12,259.80± cu.yds of soil demand x $ 0.676 per LCY. $ 8,490.42± to replace 0.5± feet of soil over the existing affected lands remaining above the anticipated final water level. Establishment of Vegetation over Affected Lands: The demand establishment of vegetation over the affected lands will also diminish proportionately with the planned extraction of the Tracts. For now, the total exposure is estimated as indicated above to be 15.57± acres under a default (refer to resoil area, above) : NOTE: The vegetation demand (and related costs) will decrease proportionately as extraction activities increase over each Tract of planned extraction. The cost for seed is shown on Exhibit L - Table L-1: Primary/Preferred Re -vegetation Seed Mixture and Costs. The mixture includes a substitute for mulch in the inclusion of a wheatgrass hybrid. The Division has historically agreed with and approved the inclusion of this hybrid as a substitute for mulch. These costs are as follows: $ 60.53± Preferred Seed Mix x 15.57± acres $ 942.45± Sub -Total Seed The cost for applying seed is based upon information derived in proximity to the Northern Colorado economy. Costs for tilling, fertilizing and seeding are based upon estimates from Longs Peak Equipment Co. These costs, including labor, are reflected as follows: 25.00± per acre Tilling $ 20.00± per acre Fertilizing Varra Companies, Inc. Varra-Coulson Resource Project 6 OMLR 112 Permit Application 1 July 2015 Exhibit L — Reclamation Costs $ 20.00± per acre Seeding $ 65.00± per acre Total Application Cost per Acre. x 15.57± acres 1,012.05± Sub -Total - Application Costs $ 1,954.50 Sub -Total Re -vegetation (seed + application) Costs. Assume a 50+ percent failure and add half the expense back into the total for reseeding, or: $ 977.25 Sub -Total Re -seeding costs 2,931.75 I Total Re -vegetation Expense OTHER MISCELLANEOUS COSTS: Mobilization and demobilization costs are based upon the Division's estimates, which are pending. Demolition of Structures: None. Building Permits for structures will be obtain where required from the Weld County Building Department. Please Note: The per unit cost values derived from previous OMLR determinations for heavy equipment, as applied to this exhibit, are included at the back of this exhibit. Since there is no possibility of the applicant in fully reproducing the Division's methods, utilizing similarities from past OMLR calculations is the most viable and accurate means available for the applicant to derive reasonable estimates of per unit costs and should result in estimates very reliable with that of the Division. Summary of Reclamation Costs: 3,656.00± Total Site Discharge Avg. Life of the Mine 75,967.11± Total Grading per Extraction Front. $ 8,490.42± Total Re -soiling 2,931.75± Total Re -vegetation Expense $ 91,045.28± Sub -Total $ 4,322.00± Possible Mobilization and Demobilization Costs (est. from OMLR Coulson) $ 95,364.28± Sub -Total Direct Costs $ 23,207.63± Possible Indirect Costs Pending RMS Indirect Costs @ 24.335 % of Total Reclamation Costs $118,571.91± Grand Total - Financial Warranty Amount — Pending OMLR Review and estimates including estimated expenses for State of Colorado Mobilization and Demobilization and other `Indirect' cost determinations by the Office. Varra Companies, Inc. Varra-Coulson Resource Project 7 OMLR 112 Permit Application 1 July 2015 Exhibit Q — Proof of Notice to the Board of Supervisors Longmont Soil Conservation District 6.4.17 EXHIBIT Q - Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District Proof that notice of the permit application was sent to the Board of County Commissioners and, if the mining operation is within the boundaries of a Soil Conservation District, to the Board of Supervisors of the local Soil Conservation District, pursuant to Subparagraph 1.6.2(1)(a)(ii). Longmont Soil Conservation District Board of Supervisors ATTN: Nancy McIntyre, District Manager 9595 Nelson Road Longmont, Colorado 80501 Subject: Colorado Division of Reclamation Mining and Safety (RMS) Office of Mined Land Reclamation (OMLR) Regular Impact (112) Permit application for Varra Companies, Inc. Parcel 122 — Resource Development Project. Your signature below acknowledges receipt of the above referenced Notice of Filing Application form. With this correspondence we are also including, as required, a copy of our signed permit application form to our permit application with the OMLR. We are also providing supplemental information to aid your understanding. • An Index Map showing location of planned project activity on a USGS Quadrangle Map. • A copy of the Exhibit I/J - Soils Information Map. • A copy of the Exhibit F — Reclamation Plan Map • A copy of the Primary and Optional Seed Mixtures If you need clarification or further assistance, please contact Varra Companies, Inc. Office of Special Projects (970) 353-8310. Thank -you Date Received: Received By: Office of Board of Supervisors Longmont Soil Conservation District. Varra Companies, Inc. OMLR 112 Permit Application 1 Parcel 122 — Resource Development Project 1 July 2015 Exhibit C — Pre -Mining & Mining Plan Map 6.4.3 EXHIBIT C - Pre -mining and Mining Plan Map(s) of Affected Lands One or more maps may be necessary to legibly portray the following information: (a) all adjoining surface owners of record; (b) the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200) feet of all boundaries of such area; (c) the existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land; (d) the total area to be involved in the operation, including the area to be mined and the area of affected lands (see definition of "Affected Land"); (e) the type of present vegetation covering the affected lands; and (f) in conjunction with Exhibit G - Water Information, Subsection 6.4.7, if required by the office, further water resources information will be presented on a map in this section. (g) Show the owner's name, type of structures, and location of all significant, valuable, and permanent man-made structures contained on the area of affected land and within two hundred (200) feet of the affected land. (h) In conjunction with Exhibit I - Soils Information, Subsection 6.4.9, soils information may be presented on a map in this section; (I) Aerial photos, if available, may be included in this section. Adjoining Surface Owners Of Record As Shown On Exhibit C — Pre -Mining & Mining Plan Map (Source: Property Owners from Weld County Assessor Records and Utilities Directly from Utility): Property Number Name & Address (w/in, or 200 ft. from, the permit STRUCTURES boundary) 120932101003 Pasquale Varra Seep Ditch 8120 Gage Street Ditch Lateral Colorado 80516 Access Road Frederick, Gate Fenceline & Posts 120933200051 Varra Companies, Inc. Seep Ditch 120933200048 8120 Gage Street Ditch Lateral 120933200049 Frederick, Colorado 80516 Conveyor System Varra Companies, Inc. OMLR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 — Revised 25 August 2015 1 Exhibit C — Pre -Mining & Mining Plan Map 120933200050 1209321 0 1003 Access Gate Road &. Posts Fenceline 120933000044 Paula J Burch -Perkins, and Access Road with to Varra Companies, Inc. Easement Robert J. Perkins Residencial Structure wl Fence &. Yard 8234 County Road 28 Detached Metal Garage Longmont, Colorado 80504 Domestic Concrete Water Well Grain Silo Wood & Metal Chicken Pen Propane Tank Raised Garden Beds Ancillary Structures 120929100052 Jessie P. Cogurn Fenceline & Posts P.O. Box 122 Seep Mead, Colorado 80542-0122 120928000006 Ready Mixed Concrete Company Residential Structure With & Yard Fence 4395 Washington Street Fenceline & Posts Denver, Colorado 80216 Seep Ditch Domestic Water Well Irrigation Water Well 120933000041 Mayer Family Farms, LLC Irrigation Pond 13895 County Road 21 Irrigation Pivot & Pathway Platteville, Colorado 80651-7929 120933000043 Milray Farm, LLC Irrigation Pivot & Pathway clo Robert A Sarchet 325 Crestridge Lane Longmont, Colorado 80501-4731 120933000040 Linda K Dodero Irrigation Pivot & Pathway 8407 County Road 26 Fort Lupton, Colorado 80621 120933000039 McClay, Steven James & Albert Louis Irrigation Pivot & Pathway 9173 County Road 26 Fort Lupton, Colorado 80621 Varra Companies, Inc. OMLR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 — Revised 25 August 2015 Exhibit C — Pre -Mining & Mining Plan Map Other (Utilities, Roads, etc) ) ame and Address Weld County Department of ATTN: Don Dunker, County Weld County Road 28 Engineer Public Works Road Right -Of -Way 60 Right -of -Way Foot P.O. Box 758 Greeley, Colorado 80632-0758 Xeel ATTN: Doug Dalton Precautionary Notification known or identifiable Energy no Right of Way Department structures 1500 6t11 Avenue Greeley, Colorado 80632 Century Link (west) ATTN: Carson Ortega Buried Line Telephone Right -of -Way Dept. 2505 Avenue First Greeley, Colorado 80631 United Power ATTN: Bill Meier Buried Power Line 500 Cooperative Way Overhead Power lines Brighton, Colorado 80603 Kerr-McGee Oil & Gas Onshore ATTN: Right -of -Way ay Dept. 95 foot Right -of -Way LP 1099 18th Street, Ste. 1800 Buried oil & gas lines 120932101003 Denver, Colorado 80202 Tank Battery Well locations — -- and 120933000039 Ancillary structures 120933000040 120933000043 120928000006 120929100052 Xtreme Drilling & Coil Services ATTN: Right -of -Way Dept. Precautionary Notification known or identifiable — no 120932101003 9805 Katy Freeway, Suite 650 structures 120932101003 Ilouston, Texas 77024 DP Midstream ATTN: Right -of Way Dept. Buried oil & gas lines 1324 North 7t11 Ave. Greeley, Colorado 80631 Ralph Nix Produce do Jerry Nix 13505 County Road 19 Ditch Lateral Platteville, Colorado 80651 St. grain Sanitation Dist. ATTN: Right -of -Way Dept. Location within SVSD District Area Varra Companies, Inc. OMLR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 — Revised 25 August 2015 3 Exhibit C — Pre -Mining & Mining Plan Map 436 Coffman Longmont, St., Ste. 200 CO 80501 Town of ATTN: PD. Box Firestone, Right 100 Colorado -of -Way Dept. 80520 City Limit adjacent to permit boundary Firestone Oil & Gas (USA), Inc. ATTN: 10188 Right East I-25 Colorado -of -Way Dept. 80504 Road Buried Tank Ancillary oil Battery structures & gas lines and Well locations EnCana 120933200051 120933000041 Frontage — — Firestone, Generation Association, & Inc. ATTN: P.O. Denver, Box Right 33695 Colorado -of -Way Dept. 80234 Precautionary structures (associated Notification with — no known or identifiable Power) Tri-State United Transmission Central District Weld County Water ATTN: 2235 Greeley, Right Second Colorado -of -Way Dept. Avenue 80631 Buried Water Line Anadarko Petroleum Corporation ATTN: 1099 Denver, Right 18th St., Colorado -of Ste. -Way 1800 80202 Dept. Refer & gas to lines Kerr-McGee (Parent Company) Buried oil Northern District Colorado Conservancy ATTN: 220 Water Berthoud, Right -of -Way Dept. Ave. Colorado 80513 Location Within NCCD District Area. Associated Natural Gas, Inc. ATTN: 3 009 Greeley, 49th Right -of -Way Dept. Ave. Colorado 80634 Precautionary structures Notification — no known or identifiable Varra Companies, Inc. 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"Er re,= (j, 'isr y. • aq�t °. ;•�i 't_ N l• Exhibit M — Other Permits & Licenses 6.4.13 EXHIBIT M - Other Permits and Licenses A statement identifying which of the following permits, licenses and approvals the Operator/Applicant holds or will be seeking in order to conduct the proposed mining and reclamation operations: effluent discharge permits, air quality emissions permits, radioactive source material licenses, the State Historic Preservation Office clearance, disposal of dredge and fill material (404) permits, permit to construct a dam, well permits, explosives permits, highway access permits, U.S. Forest Service permits, Bureau of Land Management permits, county zoning and land use permits, and city zoning and land use permits. • Colorado Department of Health Storm Water Permit COG -500000 Certification #501584 • Colorado Department of Health Emission Permit Pending Operations Concrete Batch Plant. • Colorado Department of Health Emission Permit Pending Operations Portable Equipment — Dry Plant • Colorado Department of Health Emission Permit Pending Operations Wet Plant • Colorado Department of Health Emission Permit Permit # 14WE1413F Fugitive Dust — Mining Operations and related activities. • Weld County Special Use Permit Pending • Colorado Division of Water Resources Well Permit Pending • State Historic Preservation Office clearance Pending • U.S. Department of the Army Corps of Engineers Cleared — Refer to Correspondence of 17 April 2015 • Planned operations will not utilize or encounter materials, sources, or authorities over related lands and do not require permits for the following: radioactive source materials, construction of a dam, explosives, highway access, U.S. Forest Service, Bureau of Land Management, city zoning or land use. • Note: Any necessary permits for other planned or potential activities, including asphalt batch plants, recycling facilities and operations, etc., will be acquired prior to on -set of such plants, facilities or operations. All future permits will be submitted to the Division to update this list as necessary. Varra Companies, Inc. OMLR 112 Permit Application 1 Parcel 122 — Resource Development Project 1 July 2015 Exhibit E - Table E-2: Optional/Default Revegetation Seed Mixture and Costs: Iecies Scientific Name S ecies Common Name 1 Variet % Mix # •ls/Acre Sheep fescue Covar 25 0.6 Festuca ovina Bouteloua gracilis c i l i s Blue grarna Lovington 20 0.4 Poa pratensis Kentucky bluegrass Livingston 15 0.1 Schizachyrium scoparium Little bluestem Pastura 15 1.0 Elytrigia elongate Tall wheatgrass Alkar 10 2.2 Andropogon gerardi Big bluestem Kaw 05 0.7 Bouteloua curtipendula Sideoats grarna Vaughn 05 0.5 Bromus inermis Smooth brome Manchar 02 0.1 Sporobolus airoides Alkali sacaton 01 0.01 Sporobolus cryptandrus Sand dropseed 01 0.01 Trifolium repens Strawberry clover O' Conner 01 0.1 Regreen TM WheatXWheatgrass 10 TOTAL Acre = per Rates shown are based upon drilled rates. Where broadcasting is necessary or preferred, rates will double.Note: (*) = Trace. Some houses will not mix less than 0.1 ft. Since species availability may vary, the operator may substitute species of similar utility or from an adjusted mixture of species and rates from the Preferred or Optional Mixes, in part or whole. The species described are therefore subject to change without revision to the permit. Regreen is a substitute for the use of mulch, providing live stabilization that will die out within three years as the native grasses begin to express themselves. The overall mixture is intended to provide ample genetic potential over highly variable soils with a reasoned mix of height, form, color, function (bunch and sod forming), and season (cool and warm season). Varra Companies, Inc. OMLR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 Exhibit P — Municipalities Within Two Miles 6.4.16 EXHIBIT P - Municipalities Within Two Miles A list of any municipality(s) within two miles of the proposed mining operation and address of the general office of each municipality. Town of Firestone 151 Grant Avenue Firestone, Colorado 80520 Town of Mead Mead Town Hall 441 Third Street P.O. Box 626 Mead, Colorado 80542 Varra Companies, Inc. OMLR 112 Permit Application 1 Parcel 122 — Resource Development Project 1 July 2015 Exhibit D- Mining Plan 6.4.4 EXHIBIT D - Mining Plan The mining plan shall supply the following information, correlated with the affected lands, map(s) and timetables: (a) description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; (b) earthmoving; (c) all water diversions and impoundments; and (d) the size of area(s) to be worked at any one time. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. An Operator/Applicant shall not be required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable. This does not exempt an Operator/Applicant from complying with the performance standards of Section 3.1. If the operation is intended to be an intermittent operation as defined in Section 34-32.5-103(11)(b), C.R.S., the Applicant should include in this exhibit a statement that conforms to the provisions of Section 34-32.5-103(11)(b), C.R.S. Such timetable should include: (i) an estimate of the periods of time which will be required for the various stages or phases of the operation; (ii) a description of the size and location of each area to be worked during each phase; and (iii) outlining the sequence in which each stage or phase of the operation will be carried out. (Timetables need not be separate and distinct from the mining plan, but may be incorporated therein.) (f) A map (in Exhibit C - Pre -Mining and Mining Plan Maps(s) of Affected Lands, Subsection 6.4.3) may be used along with a narrative to present the following information: (i) nature, depth and thickness of the deposit to be mined and the thickness and type of overburden to be removed (may be marked "CONFIDENTIAL," pursuant to Paragraph 1.3(3)); and (ii) nature of the stratum immediately beneath the material to be mined in sedimentary deposits. (g) Identify the primary and secondary commodities to be minedfextracted and describe the intended use; and (h) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. (i) Specify if explosives will be used in conjunction with the mining (or reclamation). In consultation with the Office, the Applicant must demonstrate pursuant to Subsection 6.5(4), Geotechnical Stability Exhibit, that offsite areas will not be adversely affected by blasting. Note: For additional information on features and areas described, please refer to Exhibit C-1: Existing Conditions Map and C-2: Extraction Map. Varra Companies, Inc. OisilLR 112 Permit Application 1 Parcel 122 — Resource Development Project 20 April 2017 Exhibit D- Mining Plan This is a plan of extraction of a valuable mineral resource for the processing, stockpiling, and sale of essential construction materials to serve the needs of the areas urban and rural economic matrix and correlated infrastructure. The effects will to return the affected lands to developed water resources. From the approved Colorado Office of Mined Land Reclamation (OMLR) permit, Exhibit D - Extraction Plan (Note: Acreages referenced herein have been updated based upon subsequent OMLR approved Review): The 156.78± Acre permit boundary contains two areas of planned extraction bounded by extraction limits and identified as Tract A — West Basin and Tract B East Basin. Each area of planned extraction includes the following; 50.36± Acres of Planned Extraction — Tract A — 05-15± years. 46.13± Acres of Planned Extraction — Tract B — 10-30± years. 96.49± Acres of Planned Extraction — TOTAL Of the remaining 60.29± acres of the permit boundary, 26.29± acres comprise existing and permanent access roads, irrigation laterals, operational support/mineral reserve areas, and setbacks or areas of pre-existing, minor, to no disturbance. The remainder includes a 10.00± acre Mineral Reserve Area (1) between Tracts A and B, and an additional 24.00± acre Mineral Reserve Area (2) to its south. Extraction will not occur within the Mineral Reserve Areas until and unless identified, detailed, and approval under a separate technical revision to the OMLR permit. Until that time the Mineral Reserve Areas will be used to support both wet and dry plant operations and stockpiling of processed materials. An existing basin (created by previous agricultural activity) within the 10.00± acre Mineral Reserve Area (1) will be utilized as a wash pond to support all on -site plant/processing activities. A portable scalehouse/office may also be located in the Mineral Reserve Areas. The actual location, extent, and facilities will be detailed and identified by location an extent in a later technical revision to the original approved permit. No on -site storage of fuels is planned as portable fuel (trucks) will service all heavy and correlated operational equipment. An electrical line serving operations is not shown on included maps as it is established by the operator, temporary, and subject to relocation in cooperation with United Power Company. All other power and related overhead or buried lines are outside of the influence of extraction activity, Varra Companies, Inc. OisilLR 112 Permit Application 2 Parcel 122 — Resource Development Project 20 April 2017 Exhibit D- Mining Plan or will otherwise be relocated in cooperation with their owners or other responsible parties where they conflict within the interior of planned extraction. Buried oil and gas lines are estimated, and extraction and offset of operations are approximate and will be determined in the field in cooperation with the Utility Notification Center of Colorado. It should be noted that a homestead and yard with outbuildings occupies 1.50± acres and acts to divide the north central permit boundary. The access road leading to the homestead has an active easement for operations which will be used as secondary access for light vehicles and equipment. Immediately south of the residential yard, existing facilities prevent the area from being used other than as a storage or parking area for vehicles, equipment (including heavy equipment), supplies, or other operational support purposes. This location is fully disturbed by prior agricultural and landowner purposes. This may also include the placement or construction of storage structures and materials. The primary access for heavy equipment, service vehicles, haul trucks and related traffic is located along an established access road that traverses the east line of the permit boundary. Both access roads intersect Weld County Road 28 that flanks the northern extent of the permit boundary. A grader and water truck maintain access within the permit area as necessary throughout operations. The aggregate deposit varies in composition, depth and extent. Generally, depths are shallower toward the southeast, trending deeper toward the northwest, and are consistent with the gradient flow of groundwater which appears to be at stasis near elevation 4795 feet. Tract B (East Basin) falls from 15-45+ feet and Tract A (West Basin) from 35-60+ feet from the surface to the underlying unconsolidated bottom. Unconsolidated suitably derived on -site material may be used for diverse purposes, including commercial products, or the re -grading of the extracted basin. These same materials may also be used to line the completed basins (refer to Exhibit G Water Resources, Part 6 for details on how completed basins will be lined, if lined). Whether lined or unlined, the basins form the primary end use as developed water resource, and will be utilized accordingly. To facilitate dry extraction of overburden and aggregate, groundwater will be discharged from the areas of active extraction at one or more of the three designated discharge locations identified on Exhibit C-2: Extraction Plan Map. Discharge of waters will be conducted under an approved Colorado Dept. of Health discharge permit, as indicated under Exhibit M — Other Permits. Varra Companies, Inc. OisilLR 112 Permit Application 3 Parcel 122 — Resource Development Project 20 April 2017 Exhibit D- Mining Plan The FEMA designated flood plain was severed in 1911 with the construction of the Union Pacific railroad bed located approximately 1 mile to the west. While found within and along the terminus of the upper terrace of the historic floodplain of St. Vrain Creek, operations will not impact the active FEMA designated floodplain. The general direction of extraction activities over the Tracts is from north to south, as shown on Exhibit C-2 — Extraction Plan Map. No extraction will occur within 125 feet of a residential structure, or ten feet of any other structure, property boundary, right-of-way, or easement without written agreement with the owner of said structure. These setbacks supersede any representation of the extraction limits shown on Exhibit C-2: Extraction Plan Map. Extraction activities will be limited to within 25.0± feet of well heads and facilities, and those same wellheads will be backfilled to create a 100± foot radius around the well head for future oil and gas activities at that well head. The fill around well heads will occur concurrently with extraction around the well head and facilities, to the extent practical. At all times, safety will take precedent and over -ride as necessary any element of the permit to assure protection of life and property and compliance with federal safety regulations (MSHA). Changes resulting from a safety consideration that require a modification of the approved permit will be made after the fact respective of amendment or technical revision provisions of the Office of Mined Land Reclamation (OMLR). Initially, heavy equipment (typically, scrapers, dozers, or excavators operating alone or in combination) will extract soil, placing it along the basin perimeter in the construction of up to a five (5.0+) foot high visual berm. The berm may vary in height and width. Outslopes of the berm will be 3H:1V or flatter to aid establishment of grasses and utilizing the approved seed mixture. Where necessary to aid in access along the perimeter of the pit or completed reservoir, the berms may be increased in width to better facilitate the access of vehicles or heavy equipment. The height and width of the berm will be field fit at the time of placement and will not go beyond permit limits. While the berm width will vary, they will fit within the ten (10.00 foot buffer between the permit boundary and any planned extraction; and where wider, will extend into the basin area conforming to 3H:1 V minimum outslopes. To the extent possible, the height of berms will near five (5.0+) feet along the perimeter where a residential structure is within 125.0 feet from active extraction operations. Soils volumes extracted in excess of that needed for reclamation may be temporarily stockpiled as part of the berms, elsewhere on -site, or conveyed to nearby Kurtz or Heintzelman Projects, Varra Companies, Inc. OisilLR 112 Permit Application 4 Parcel 122 — Resource Development Project 20 April 2017 Exhibit D- Mining Plan until sold as product. It should be understood that there is no `overburden' at this location, as all materials are viable product or useful component to the reclamation of affected lands and establishment of the desired end uses. Subsequent to soil salvage, extraction of aggregate will commence. Extraction utilizes, but is not limited to, diverse heavy equipment; including, scrapers, excavators, dozers, backhoes, and related heavy equipment. The raw material will be transported by heavy equipment or haul trucks to on -site plant facilities. Any method that accelerates the operation timetable will be utilized, depending upon market conditions and the capacities of the operator. To this end, an existing conveyor system is established in the northeast corner of Tract A. Extracted resource may be conveyed to or from other Varra Companies, Inc. off -site plant facilities. One conveyor system and route is already established on the northwest corner of the permit area and will convey materials to or from the Kurtz operation to the North. A second conveyor route may be established (subsequent to an approved OMLR technical revision) along the west permit boundary to facilitate movement of materials to and from the adjacent Heintzelman operation. Processed and unprocessed or otherwise Colorado Department of Health compliant inert materials may originate from different sources and locations for import and utilization for our on -site processing, commercial, or reclamation interests; either as product in its unaltered state, or as otherwise processed, recycled, or repurposed from on -site processing and operations. All inert materials may arrive via conveyor or overland haulage. While initial operations will commence on the north boundary of Tract A, both Tracts A and B may be extracted concurrently. All extraction will proceed in a manner to minimize visual and audible impacts to adjacent lands and properties. In Tracts A or B, extraction will commence to facilitate removal of material from a nearby residence and County Road 28 to better distance those locations from operations over time; and to gain time to vacate or relocate any utilities, oil and gas lines, or other structures from the interior of the tracts as needed, and in cooperation with the owners or other responsible parties. Extraction activities will remove aggregate to a weighted average depth of 39.0± feet from the surface. Anomalous depths greater than 50.0± feet may occur. Temporary basin perimeter slopes created by extraction will conform to the geotechnical analysis of Exhibit S. All final basin (reservoir) slopes will be Varra Companies, Inc. OisilLR 112 Permit Application 5 Parcel 122 — Resource Development Project 20 April 2017 Exhibit D- Mining Plan established concurrently with extraction and will conform to Rule 3.1.5(7), as detailed under Exhibit E — Reclamation Plan. Initially a 1600 foot extraction front will advance along its east -west orientation from the northern extraction limit toward the southern permit boundary. The advancing front will be comprised of side slopes of nearly 400 linear feet along each side of an 800 foot 1.25H:1 V advancing wall. Concurrent reclamation will trail this front by approximately 400 foot increments. This front is approximate for all active Tracts. As the basin floor and perimeter boundary is reached, final grading may commence once a minimum area of approximately four acres (or a distance of 400 linear feet square) is attained. Finished slopes will be established along the basin perimeter utilizing fill material taken from the basin bottom. If Tract B opens concurrently at some point in time with Tract A, as per Exhibit L Warranty Costs, additional warranty may be applied to include the second advancing extraction front. Soils encountered during extraction will vary over the location in depth and extent. Actual soil variations, depths and descriptions, including potential volumes to be extracted, are detailed in Exhibit I & J: Soils and Vegetation Information, and are shown on Exhibit I & J: Soil and Vegetation Map. The soil volumes essential for reclamation of affected lands remaining above the anticipated static water level (4795'± elevation) of the completed basins will be salvaged and stockpiled from a portion of the upper six inches of the native soil profile (the `topsoil'). The remaining soils found within the solum or generated by plant processing activities, and in excess of that required for reclamation of affected lands, will be utilized for sale to help satisfy the infrastructure and development demands of the surrounding community. As indicated in Exhibit E — Reclamation Plan; of the 96.49± acres of potential extraction, the resulting basins will function as reservoirs with a water surface covering 89.37± acres. This leaves a balance of 7.12± acres (4.06± acres West Basin & 3.06± acres East Basin) of affected land within the extracted basins above the anticipated static water level. When combined with 34.00± acres of Mineral Reserve Areas used for support operations, a potential 41.12± acres may require resoiling and revegetation over the life of the operation. Initial resoiling and revegetation burdens are actually far less, since full build out takes up to 30-35 years to complete. Tract A (West Basin) at full build out has 4.30± acres of affected land within the extracted basin and above the anticipated Varra Companies, Inc. OisiELR 112 Permit Application 6 Parcel 122 — Resource Development Project 20 April 2017 Exhibit D- Mining Plan static water level at the completion of operations. Since the 24,00± acres Mineral Reserve Area (2) will not be affected until and unless the 10.00± acres Mineral Reserve Area (1) becomes crowded or extracted. The initial area requiring recoiling and revegetation for the full build out of Tract A and disturbance to the 10.00± acres Mineral Reserve Area (1) is 14.30± acres, and is provided for under Exhibit L — Reclamation Costs. The primary end use for the extracted basins is developed water resources, however, the balance of lands remaining above the anticipated static water elevation of the basins, and not otherwise occupied, will be later developed to the highest possible end -use. End use may vary over the reclaimed lands and will comprise a variety of mixed uses. Mixed use may include other agricultural uses; as well as light residential, commercial, or industrial uses. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5.0±) years behind the onset of reclamation activities. Complete extraction of the permit area is expected to take approximately 25-30 years, depending upon market conditions, with an additional 5 years following completion of all extraction activities for ultimate completion of concurrent reclamation activities, placing the completion of all activities near 2045-2050, depending upon the date of start-up. Varra Companies, Inc. OMLR 112 Permit Application 7 Parcel 122 — Resource Development Project 20 April 2017 Exhibit N — Source of Legal Right to Enter 6.4.14 EXHIBIT N ® Source of Legal Right to Enter The source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land. (Same requirements as Rule 6.3.7). As landowner(s) to all lands to be permitted for extractionunder a Colorado Division of Reclamation Mining and Safety (RMS) permit, our signatures below testify that Varra Companies, Inc. is authorized, under a legally executed Deed, to act as Operator over said lands, and has the legal right to enter and mine under the terms of the lease with respect to all lands under this permit. Signed: Christopher L Varra, President Varra Companies, Inc. rl Signed and dated this --- State of Co C day of `J Ll. lc '1/4-;\ 2os )ss County of LA,} The foregoing instrument was acknowledged before me this 2 7 day of � by Ck;rs\1er L. Vrro of VaYrictCo'.. pan (es sti/Lc. JESSICA HOOVER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044035571 My Commission Expires Oct 4, 2016 .20 S as `�1�P_ S r G� �•� (Thi LP .h2o-71,_g-7 Notary Public My Commission expires: Varra Companies, Inc. OMLR 112 Permit Application 1 Parcel 122 — Resource Development Project 1 July 2015 Exhibit A — Legal Description 6.4.1 EXHIBIT A - Legal Description (1) The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (a), township, range, and section, to at least the nearest quarter -quarter section and (b), location of the main entrance to the site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's office or U.S. Geological Survey (USGS) maps. The property boundary comprises 156.78 acres. As located near its center at approximately the Southeast Corner of the NW/4NW/4; Sec. 33; T3N; R67W; 6th P.M.; Weld County, Colorado the permit boundary more specifically covers the near full quarter section of the NW/4; Sec. 33; T3N; R67W; 6th P.M.; Weld County, Colorado; and more fully by quarter -quarter section description includes the NWI4NW/4 and the NE/4NW/4 and the SE/4NW/4 and the SW/4NW/4 of Section 33; Township 3 North; Range 67 West; 6`" P.M.; Weld County, Colorado. The legal description for the property boundary and permit area is further detailed on the included maps, including Exhibit C-1: Existing Conditions Map; and Exhibit C-2: Extraction Plan Map; in conformance with Rule 6.4. All lands within the designated Permit Boundary are to be considered Affected Lands. The Extraction Limits designating the maximum reach of extraction, which may be less but not more than the Extraction Limits shown on Exhibit C-1: Existing Conditions Map; and Exhibit C-2: Extraction Plan Map. Existing residential property is excluded from the permit boundary, as shown. Additional information on Affected Lands may be found under Exhibit D - Extraction Plan and Exhibit E Reclamation Plan. (2) The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable zone, measured in meters. The main entrance is identified as `Proposed Access': (latitude 40.18956 North, -104.89517 East) as shown near the Northeast corner of the permit/property boundary. Varra Companies, Inc. °MLR 112 Permit Application 1 Parcel 122 — Resource Development Project 1 July 2015 -- Revised 25 August 2015 Exhibit S — Geotechnical Stability 6.4.19 EXHIBIT S - Permanent Man-made Structures Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the applicant may either: (a) provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or (b) where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or. (c) where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. 6.5 GEOTECHNICAL STABILITY EXHIBIT 1) on a site -specific basis, an Applicant shall be required to provide a geotechnical evaluation of all geologic hazards that have the potential to affect any proposed impoundment, slope, embankment, highwall, or waste pile within the affected area. The Applicant may also be required to provide a geotechnical evaluation of all geologic hazards, within or in the vicinity of the affected lands, that may be de -stabilized or exacerbated by mining or reclamation activities. (2) on a site -specific basis, an Applicant shall be required to provide engineering stability analyses for proposed final reclaimed slopes, highwalls, waste piles and embankments. An Applicant may also be required to provide engineering stability analyses for certain slopes configuration as they will occur during operations, including, but not limited to embankments. Information for slope stability analyses may include, but would not be limited to, slope angles and configurations, compaction and density, physical characteristics of earthen materials, pore pressure information, slope height, post -placement use of site, and information on structures or facilities that could be adversely affected by slope failure. (3) Where there is the potential for off -site impacts due to failure of any geologic structure or constructed earthen facility, which may be caused by mining or reclamation activities, the Applicant shall demonstrate through appropriate geotechnical and stability analyses that off -site areas will be protected with appropriate factors of safety incorporated into the analysis. The minimum acceptable safety factors will be subject to approval by the office, on a case by - case basis, depending upon the degree of certainty of soil or rock strength determinations utilized in the stability analysis, depending upon the consequences associated with a potential failure, and depending upon the potential for seismic activity at each site. Varra Companies, Inc. °MLR 112 Permit Application 1 Parcel 122 — Resource Development Project 1 July 2015 Exhibit S — Geotechnical Sta.ility (4) At sites where blasting is part of the proposed mining or reclamation plan, the Applicant shall demonstrate through appropriate blasting, vibration, geotechnical, and structural engineering analyses, that off -site areas will not be adversely affected by blasting. To assure the stability of any significant, valuable, and permanent man-made structures that may exist within 200± feet of planned extraction activities; a complete stability analysis performed by AWES, Ft. Collins, Colorado, follows. The report verifies that the maximum planned extraction slopes of 1.25H:1V along the extraction limit will not pose a hazard to those structures with the following caveat: Extraction will limit slopes along the extraction limits to be cut to 1.25F1:111 from the surface to a depth of 20 feet, and thereafter 3H:1V at a a depth of 39 feet. Where extracted depths are deeper than 39 feet, as long as 3H:1V slopes are maintained from the extracted floor to a height of 20 feet, slopes above the 20 foot height of those 3H:1V slopes may be 1.25H:1V from that point to the surface, or where otherwise consistent with correlated percentage determined in the included AWES Stability Analysis report of 27 July 2015. If additional information and analyses indicate that uniform 1. H :1 V slopes regardless of depth will not pose a hazard to structures 10± feet or greater from the extraction limits boundary, a correlated Technical Revision will be submitted for review and approval in advance prior to effecting such slopes. To the extent practical, operations will remain 125.0± feet or greater from residential structures, not otherwise owned or controlled by the operator, or otherwise accommodated by the landowner by separate written agreement with the owner of the residential structure. Nfxtraction will maintain a minimum 10± foot separation from any right-of-way, easement or structure, unless otherwise provided for by separate written agreement with the owner(s) of said right-of- way, easement, or structure. Concurrent grading and reclamation of completed areas of extraction will reduce extracted slopes to a minimum of 3H:1V, or flatter, over a majority of the extraction area, in conformance with Rule 3.1.5(7), unless otherwise provided for. Further, all extraction limit lines drawn closer than Ha feet of a structure, easement, or right-of-way are for purposes of representing the maximum possible reach if by agreement; otherwise, the written separation from all right- of-ways, easements, and structures is limited as to the extraction limits boundary described by this text and not the shown graphical line. Varra Companies, Inc. OMLR 112 Permit Application 2 Parcel 122 - Resource Development Project 1 July 2015 ar cr • • m• • ` 4:c L a, i a t _, -a .-1rd .vn,- U. l ra,T4'4a ❑❑— _ iL • r j • i t R S ans. s..Perta_a Matt a a ... Y-a2z'•a�t __tr I. - -. _ _ 4a _ - r R` y f �' .C - _ . C. - a, i _l _ .. _ i. . e �l b - ' ! W ? sr� ,: a - j _ st 4 i r • - r- -II - . ..1. . ti_ ri' - e - G ..- a.: c " t "i _. e� ✓ . e- ' - o - • IL UT f1 i' • ▪ r r__ • i • aUna •11- . rt. •• e r. a • • - That Ca us ta- t- • Ia 1/4 it ' qYi a R �-•rt v_ 1 RLY .! 'at:" t .. -1_ .�k� i*r' s 11151; i `i re, 1 ' �- _ .O. I _s J L t S• - 'a. . 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I •• - • -I if firiell f?p5► ,v,I �'w'ft 4l ., • r +C'. 1 Adam Misztal/R6/FIB S/DO1 4 V V A, AlhafikAtatisatilak, 09/18/2012 12:25 PM To rbeenne eroresaurces.corn cc bcc Adam ruti ztal/RS/F S/COI Subject Bearson and Couison Properties This responds to your email of 9/6/12 requesting site disqualification under the authority conferred to the U.S. Fish & Wildlife Service (Service) by the Endangered Species Act of 1973 (ESA), as amended (i6 U.S.C. 1531 el seq,) The Service has reviewed the habitat assessments of the above properties. Based on the information provided, the Service agrees that no listed species are likely to be present within the subject areas. Thus these sites are disqualified for consideration under provision of the ESA. Please note that this clearance is valid for one year from today. Should additional information regarding listed or proposed species become available, this determination may be reconsidered under the ESA. If the proposed project has not commenced within on year, please contact the Colorado Field Office to request a clearance extension. Adam Misztal Fish and Wildlife Biologist U F S, ES, Colorado Field Office P. O. Box 25486, DFC (MS 65412) Denver, CO 80225-0486 303-236-4753; Fax 303-236-4005 (134 Union Blvd., Suite 670) (Lakewood, CO) Exhibit G — Water Information 6.4.7 EXHIBIT G - Water Information (1) If the operation is not expected to directly affect surface or groundwater systems, a statement of that expectation shall be submitted. (2) If the operation is expected to directly affect surface or groundwater systems, the Operator/Applicant shall: (a) Locate on the map (in Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs, and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed mining operations; (b) Identify all known aquifers; and (c) Submit a brief statement or plan showing how water from de -watering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation. (3) The Operator/Applicant shall provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. (4) The Operator/Applicant shall indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. (5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired (or has applied for) a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health, if necessary. (1) Operations will directly affect surface and groundwater systems, as detailed under Exhibit D Extraction Plan, and below. (a) Please refer to Exhibit C-1: Existing Conditions Map. (b) The known aquifers under the site are the stream alluvium and the Laramie Fox Hills aquifer. (c) Please Refer to the AWES Dewatering & Basin Liner Report of 27 July 2015. Discharge water will be dissipated with hard surface riprap or established grassed waterways. Other waters are retained by internal pit drainage, directed by vegetated berms or established waterways or through the maintenance or establishment of a stabilizing cover of vegetation. The three components of the project water requirements are water removed with the product, dust control, and evaporation from exposed ground water. Dust will be controlled using truck sprinklers, and the estimated frequency is one load per day. At 3,000 gallons of truck capacity, the annual demand is 3.36 acre-feet. After the water table is encountered, the water removed with the estimated 800,000 tons of product is 23.55 acre-feet per year. The estimated net evaporation is 2.76 feet per year. At the maximum potentially exposed ground water of 96 acres, the annual evaporation is 263 acre-feet. Varra Companies, Inc. OMLR 112 Permit Application 1 Parcel 122 — Resource Development Project 1 July 2015 Exhibit G — Water Information The monthly distribution of these estimates is shown in the following table. The reclamation plan provides that the pits will be lined after being mined. The lined pits will not require replacement water and will be used for storage. There may be incidental demand for water to establish vegetation on the site after lining is completed. However, the ultimate demand for water will be zero. Dewatering will pump the ground water into the seepage ditch at an estimated rate of 7.2 million gallons per day. MONTH PRODUCT DUST NET EVAP USE CONTROL Tons af Trucks af ac af af November 40,000 1.18 30 0.28 96 10.80 11.23 December 40,000 1.18 31 0.29 96 8.40 2.39 January 40,000 1.18 31 0.29 96 9.60 2.39 36,000 1.06 28 0.26 96 12.00 1.49 February March 40,000 1.18 31 0.29 96 15.60 13.30 April 80,000 2.35 30 0.28 96 25.20 21.62 May 85,000 2.50 31 0.29 96 34.80 30.29 June 92,000 2.71 30 0.28 96 50.40 43.19 July 93,000 2.74 31 0.29 96 56.40 48.56 August 90,000 2.65 31 0.29 96 48.00 41.34 September 85,000 2.50 30 0.28 96 33.60 28.76 October 79,000 2.33 31 0.29 96 24.00 22.05 Apr Oct 604,00017.78 214 1.97 272.40 235.81 I 800,00023.55 365 3.36 328.80 266.60 TOTAL (4) Water will be supplied by five sources: shares of the Last Chance and Rural Ditch Companies, credits from the Hayseed Ditch, and junior storage water rights. Use of this water has been approved in Substitute Water Supply Plans. VCI owns five shares of Last Chance Ditch Company and four shares of Rural Ditch Company. The change of the Hayseed Ditch credits was approved in Case No. 90CW 174. The change of the Rural Ditch water was decreed in Case No. 03CW306. The junior storage and associated water rights were decreed in Case No. 01 CW274. From April through October, water use at the site will be replaced to the stream system using the historical consumptive use credits from the three historical sources and from the junior water. The monthly distribution of the historical consumptive use credits is shown in the following table: HISTORICAL CONSUMPTIVE USE All Values in Acre -Feet APR MAY AUG OCT ANN JUN JUL SEP Rural 5.4 23.3 54.1 84.3 61.8 27.1 9.5 265.5 Last Chance 16.0 82.5 179.0 245.5 199.0 106.5 50.5 879.0 Hayseed 6.9 11.5 20.1 32.7 27.6 14.7 9.2 122.7 TOTAL 28.3 117.3 253.2 362.5 288.4 148.3 69.2 1267.2 Varra Companies, Inc. Parcel 122 — Resource Development Project OMLR 112 Permit Application 1 July 2015 2 Exhibit G — Water Information Water in excess of this mine's and other VCI obligations will be stored and used to replace the water use from November through March. The storage sites are lined pits described in Case No. 01CW274 decree. Water available under this storage decree will also be stored and used for VCI operations. The storage facilities are listed in the following table. Those currently lined and approved by the state are 112, Von Ohlen, Dakolios East and Dakolios West. VCI STORAGE FACILITIES (All Values in Acre -Feet) Reservoir Active Capacity, a -f Dead Storage, a -f 112 2,000 0 Dakolios 1,900 0 Von Ohlen 1,300 0 Kurtz 4,000 0 (5) The Colorado Department of Health has issued Certification for a Colorado Wastewater Discharge Permit System Permit No. COG500000 Facility Number COG -501584. (6) The application provides for the lining of the extracted basins (please refer to the AWES Dewatering Evaluation Report of 27 July 2015). Lining will invoke the utilization of suitably derived on -site materials to meet final 3H: IV slopes. Subsequently, the same materials may be compacted to satisfy standards for lined basins as established and governed by the Colorado Department of Water Resources Office of the State Engineer. Once operations near completion of any lined basin, the OSE will be contacted and the lined basins will be approved by the OSE prior to use. The OSE approval letter will be provided to the OMLR as a condition of the permit as evidence that the lined basin has met the specifications necessary to pass a liner test as part of the OSE approval process. Consistent with conclusion in the AWES Report, lining of the completed basins will have 'will have a de minimis effect on groundwater hydrology.' The report continues, adding that, `Predicted post lining head levels immediately up and downgradient of the barrier walls are within the range of normal seasonal water table elevation changes.' NOTE: Information showing baseline piezometer well readings and respective locations immediately follow this page... Varra Companies, Inc. OMLR 112 Permit Application 3 Parcel 122 — Resource Development Project 1 July 2015 Hayley Balzano From: Sent: To: Cc: Subject: Hi Hayley. Special Projects VCI <bljforester@msn.com> Friday, July 21, 2017 3:28 PM Haley Balzano Brad Jones; Garrett Varra; Kim Ogle Re: 7 -day for Varra Mine -- P RE17-008 S This message is to affirm that Varra Companies, Inc. asserts Exception 1.a.6 for gravel operations as stormwater will drain into the areas of extraction. I trust this fully addresses your concerns for on -site drainage under the USR for our Parcel 122. Thank -you for your kind assistance, Varra Companies, Inc. Office of Special Projects Bradford Janes, Forester Liaison - Interdisciplinary Affairs desk: 970-353-8310 From: Haley Balzano chbaizano@co.weld.co.us> Sent: Friday, July 21, 2017 11:49 AM To: Specia l Projects VCI Cc: Bt. Janes; Garrett Varra; Kim Ogle Subject: RE: 7 -day for Varra Mine -- PRE17-0085 Hello, I just need you to state that you are meeting exception 11a.6 for gravel pits if stormwater drains into the pit. That's all I am missing. Thank you Hayley Balzano Engineer Planning Department 1555 N 17th Ave Greeley, CO 80631 phone: (970) 400-3552 fax: (970) 304-6498 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: SpecialProjects VCl [mailto:bljforestermsn.com] Sent: Friday, July 21, 2017 11:47 AM To: Hayley Balzano <hbalzano@co.weld.co.us> Cc: BL Janes <dejeanne@msn.com>; Garrett Varra <gvarra@varracompan ies.com>; Kim Ogle <kogle@weldgov.com> Subject: Re: 7 -day for Varra Mine -- PRE 17-0085 By exception(?), we are in the A -Agricultural zone, and extraction is an allowable use under a USR. Area topography on Exhibit B - Index Map and Exhibit C-1 Vicinity Map show the area topography and details augmented by the aerial overlay that should fully reveal the location of existing drainage, slopes, and how those lands and structures receive any flows and how they continue through and beyond the permit boundary over this existent well established and groomed agricultural land. All of the shown and readily identifiable waterways and irrigation structures appear to fully accommodate existing flows and divert them around planned areas of extraction and support activities. Additional stabilization considerations are indicated in the USR text, as iterated below, and in Exhibit I/3 - Soils Information in the OMLR permit application exhibits as approved and as submitted with the USR. Generally, irrigation waters flow into the parcel from the southwest; while some upland overland flows arrive from lands to the south and west of the permit boundary, which are subsequently intercepted by existing drainages and concrete lined irrigation ditches, which combined, tend to direct the flows along the lower elevations near the southern and eastern boundary and toward the northeast corner of the permit area - where they all tend to exist the parcel and continue northward beyond the north boundary and along similar existing drainage -ways. These in -place conveyances will not be affected or altered by planned operations - nor are they expected to influence the same. The aerial image supports the overall established stability of this location. The exhibit information should fully support this statement. We did not see where a specific 'drainage report' was specifically called out in the USR materials - yet I think you can discern that drainage is fully considered in the submittal - and addressed in the USR where we discerned a specific topic, as in the extracts, below. I've kept Brad Jones, our civil engineer in the loop with these messages; but trust the information can be discerned from the materials provided with the USR and attending map exhibits. Please let me know upon your examination of this reply relative to the materials provided with the USR if there is any information remaining you might need to satisfy the elements of a drainage narrative, as detailed in your previous message. This should cover it? From the USR: 2 USR Doc pp 41-42 5. USES shall comply with the following stormwater management standards: a. Stormwater retention facilities shall be provided on -site which are designed to retain the stormwater runoff from the fully developed site from a one -hundred -year storm or as otherwise required by the Department of Public Works. In the case of a LIVESTOCK CONFINEMENT OPERATION (L.C.0.), wastewater collection, conveyance and retention facilities shall be designed and constructed in accordance with the Confined Animal Feeding Operation Control Regulations (5 CCR 1002-19. Upland overland flows are directed around and away from extraction area by existing access roads, irrigation pathways and on -site waterways. Within the extraction areas, stormwater drains inward toward the resulting basin. All stormwater is managed under an existing approved Stormwater permit COG501584. b. The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the UNDEVELOPED site. During extraction activity, groundwater will be discharged into a nearby established drainageways (unnamed seep ditches) in order to maintain the resulting basin until completion of reclamation of the basin for water storage. The location of the planned discharge locations are shown on ()MLR Exhibit C-2: Extraction Plan. Groundwater discharge is provided for under an approved stormwater discharge permit issued by the Colorado Department of Health (COG5015 4). The intersecting irrigation ditch lateral, surrounding drainageways, and access roads form an existing barrier to the transportation of intercepted direct precipitation, and tend to limit the introduction of waters from overland flows from any upland watershed, such as the pivot irrigated lands above the floodplain escarpment to the south. The majority of any upland water will flow into and around the location along existing channels, or otherwise be intercepted by other unaffected channels, including the existing irrigation ditch laterals. The extraction of materials will cause direct precipitation to drain internally toward the resulting basins. Above basin portions of the operation, including any plant site, stockpiles, haul roads, and other operational features are located on existing or excavated near table topography. All on -site drainage is managed under the approved Stormwater Management Plan. pp 130 of the P122 USR item 8 (m): 1. Explain how the storm water drainage will be handled on the site. Since the project will result in the creation of basins, most water from direct precipitation will drain internally into the pits. Where outslopes from soil berms or road construction occurs, outslopes will be grassed to limit detachment and transportation of soil, thereby limiting and suspended solids from leaving the parcel, and generally diverting overland flows around affected lands and into existing drainageways. Existing drainageways lying outside the basins will not be altered, and the entire site will be managed under an approved Colorado Department of Health stormwater permit. 3 Varra Companies, Inc. Office of Special Projects Bradford Janes, Forester Liaison - Interdisciplinary Affairs desk: 970-353-8310 From: Hayley Raizano <hbalzano@co.vveld.cous> Sent: Friday, July 21, 2017 10:40 AM To: SpecialProjects VCI Cc: Kim Ogle; Garrett Varra; Brad Jones Subject: RE: 7 -day for Varra Mine -- PRE17-0085 So I went through the application and there is reference to the stormwater permits, but there is not an actual Drainage Narrative. I just need basic answers to the following questions. The Drainage Narrative must describe: 1. Which exception is being applied for and include supporting documentation ii. Where the water originates if it flows onto the property from an offsite source iii. Where it flows to as it leaves the property iv. The direction of flow across the property If there have been previous drainage problems with the property The exceptions to be used are: 1. Use by Right or Accessory Use in the A (Agricultural) Zone District. 2. Zoning Permits in the A (Agricultural) Zone District. 3. A second dwelling permit in the A (Agricultural) Zone District. 4. Towers including, but not limited to, cell, wind, and telecommunication towers. 5. Pipelines or transmission lines. 6. Gravel pits if the stormwater drains into the gravel pit. 7. Residential developments where all the following conditions exist: i. Nine (9) lots or fewer. ii.The average lot size is equal to, or greater than, three (3) acres per lot. iii.Downstream roadway criteria are not exceeded. iv.The total post -development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. 8.. Development of sites where the change of use does not increase the imperviousness of the site, 9. URBANIZING areas where the total project stormwater runoff of less than, or equal to, S cubic feet per second (cfs) for the 1 -hour, 100 -year, storm event 10. NON -URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1 -hour, 100 -year, storm event. 11. Parcels with total area less than, or equal to, a 1.0 gross acre. 12. Individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project. 13. A parcel greater than 1. gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a new 1,000 sq ft building or equivalent imperviousness. 14. A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 2,000 sq ft building or equivalent imperviousness. 4 15. Concentrated Animal Feeding Operation (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not included or covered by the CDPS permit, shall comply with the Weld County Drainage Code requirements. 16. Approved by a variance. — See Section 23-12-150 Stormwater Drainage Criteria Variances Hayley Balzano Engineer Planning Department 1555 N 17th Ave Greeley, CO 80631 phone: (970) 400-3552 fax: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: SpecialProjects VCI [mailto:bljforester@msn.coml Sent: Friday, July 21, 2017 9:47 AM To: Hayley Balzano <hbalzano@co.weld.co.us> Cc: Kim Ogle <kogleweldgov.com>; Garrett Varra <gvarravarracompanies.com>; Brad Jones <bjo nesvarracom panies.co m> Subject: Be: 7 -day for Varra Mine -- PRE17-0085 No worries, Hayley. Virtually every extraction operation we have permitted in the past contain supporting and essential plant site operations. They are simply the tools that build our cities. It was determined after the OMLR permit was approved that any need for such facilities at this location was highly unlikely, so I can tell you I had quite the task of removing every reference to them in the USR document itself, as they are otherwise so integral. If you find any such reference resident in the USR submittal in you possession, it is a relic. The other reference was to acres included in the permit. I trust my 14 July reply was sufficient to clarify that concern as well? Regardless, these are huge documents and misunderstandings happen. We are ready to assist your office in any manner we can to resolve them in a timely manner. Please feel free to contact me at any time. 5 We appreciate your efforts and your understanding. Thanks, Hayley. Varra Companies, Inc. Office of Special Projects Bradford Janes/ Forester Liaison - Interdisciplinary Affairs desk: 970-353-8310 From: Hayley Balzano chbaizano@co.weid.co.us> Sent: Friday, July 21, 2017 9:34 AM To: SpecialProjects VCI Cc: Kim Ogle; Garrett Varra; Brad Jones; Michelle Martin Subject: RE: 7 -day for Varra Mine -- PRE17-0085 Hello, That does help. Sorry, I was having significant difficulty in understanding the explanation. I will make sure the narrative meets what I need today. Thank you Hayley &'li no Engineer I Planning Department 1555 N 17th Ave Greeley, CO 80 631 phone: (970) 400-3552 fax: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: SpecialProjects VCI [mailto:bljforester@msn.com] Sent: Friday, July 21, 2017 9:27 AM To: Hayley Balzano chbalzano@co.weld.co.us> Cc: Kim Ogle ckogle@weldgov.com>; Garrett Varra <gvarra@varracompanies.com>; Brad Jones <bjones@varracornpanies.com>; Michelle Martin cmmartin@weldgov.com> Subject: Re: 7 -day for Varra Mine -- PRE17-0085 Hi Hayley. As we attempted to explain on our message of the 14th, below - the USER, has no plans for asphalt or concrete batch plants. That option was included in the OMLR permit, but not retained in the UBR. application. I hope this explanation helps. 6 Varra Companies, Inc. Office of Special Projects Bradford Janes/ Forester Liaison - Interdisciplinary Affairs desk: 970-353-8310 From: Hayley Balzano <hbalzano co.weld.co.us> Sent: Friday, July 21, 2017 9:21 AM To: SpecialProjects VCI Cc: Kim Ogle; Garrett Varra; Brad Jones; Michelle Martin Subject: RE: 7 -day for Varra Mine -- PRE17-0085 Hello everyone, the last email I received on the topic is attached. This does not satisfy our requirements as an asphalt batch plant is not defined as a gravel pit. The exception states "Gravel pits if the stormwater drains into the gravel pit 11 The application is not complete so I either need a preliminary drainage report for the asphalt batch plant portion of the site or an acceptable variance request, for the application to be considered completed. Hayley Baizano Engineer I Planning Department 1555 N 17th Ave Greeley, Co 80 031 phone: (970) 400-3552 fax: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: SpecialProjects VCI [mailto:bljfore"ster@msn.com] Sent: Friday, July 21, 2017 9:16 AM To: Hayley Baizano <hbalzano@co.weld.co.us> Cc: Kim Ogle ckogle@weldgov.com>; Garrett Varra <gvarra@varracompan ies.com>; Brad Jones cbjo nes@varracompanies.com> Subject: Fw: 7 -day for Varra Mine -- PRE17-0085 Good Morning Haley. 7 Below is the message trail attempting to address an original message from Kim Ogle received 6 July, regarding our Parcel 122 USR for Varra Companies, Inc. While I left a telephone message earlier, I believe this correspondence will help get you current. We are attempting to get the clock started on this USR application, and believed our reply of 14 July should help. Please let us know if you need additional information or clarification. Since more than 3 weeks have passed since the original message, any effort to expedite resolution and get the clock started are genuinely appreciated. Kind regards, Varna Companies, Inc. Office of Special Projects Bradford Janes, Forester Liaison - Interdisciplinary Affairs desk: 970-353-8310 From: Kim Ogle <kogle@weldgov.com> Sent: Thursday, July 20, 2017 1:02 PM To: SpecialProjects VCI Subject: RE: 7 -day for Varra Mine -- PRE17-0085 Brad I am out of the office. I believe that Hayley may have questions, please consider reaching out to her at 970.400.3552 or hbalzano@weldgov.com Thank you Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.400.3549 Office: 970.353.6100 x 3540 Facsimile: 9 70.304.6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 8 Think Green - Not every email needs to be printed From: SpecialProjects VCI [mai Ito:bljforester « msn.co m] Sent: Thursday, July 20, 2017 12:39 PM To: Kim Ogle <ko le@weldgov.corn> Subject: Fw: 7 -day for Varra Mine -- PRE 17-0085 Good Afternoon Kim. Wanted to be sure you saw my reply to you of Friday 14 July - below. I will call you later today or first thing Friday to follow-up, unless I hear from you first. I realize that summer is a time of vacation, so perhaps you've been out. Regardless - hope with this message we can get the USR started. Thanks, Kim. Varra Companies,, Inc Office of Special Projects Bradford Janes, Forester Liaison - Interdisciplinary Affairs desk: 970-353-8310 From: SpecialProjects VCI cbljforester@msn.com> Sent: Friday, July 14, 2017 1:25 PM To: Kim Ogle Subject RE: 7 -day for Varra Mine -- PRE17-0085 Hi Kim. Finally — I'm able to get back to your concerns from your message of 6 July respective of our P122 U S R Submittal: Respective of drainage on the Mineral Reserve Areas and other areas outside of the influences of the extraction boundary as it pertains to drainage, we attempted to address this in the USR document itself (See parts 5(a), 5(b) and Item g from the USR, below — also — please reference Exhibit ILI of the OMLR submittal). Staff may have focused on the OMLR copy included with the USR submittal. Exhibit I/J has additional information on how overall on -site stability is maintained — but is too fat to include in this message. Essentially, the Mineral Reserve Areas shown on the attending maps drain to existing lined irrigation ditches. Grass filters and waterways (either existing or created) will serve to direct and convey direct precipitation — and are provided for in both the OMLR, USR, and required Stormwater Permit. The Upper Mineral Reserve Area and yard to the immediate north of that (which is already entirely affected by prior landowner practices and correlated oil & gas activities) are the primary support areas where activities such as parking, soil stockpiling, etc. may occur. This area is a near table and the existing drainage over these areas should not be altered in any meaningful way and will likely benefit from planned conservation methods. Flows from this near flat topography will shed little precipitation and we anticipate a good deal of precipitation will simply be absorbed by infiltration and percolation through the existing ground or any residual soil or correlated stockpiles that might reside there. All of this is regulated under existing State of Colorado Dept. of Health & Environment stormwater regulation, which we are presently permitted for. 9 To be clear, while the OMLR Permit as approved mentions the use of Plant Site operations, there are no plans to process materials on site. Intermittent withdrawls of pit run material from the active extraction area are provided for. We've attempted to redact in this USR for P-122 any reference to that, but I see in 5(b) below, I missed deletion of a plant site reference, but there is plenty of language to support our intent for this USR — as the code is so redundant. As for the acreage and attending USR Fee — we have no idea how this number was arrived at. We believe the 156.78+/ - acres approved by the OMLR and included in our survey based maps is accurate. The Fee determination should reflect this number (although we don't mind paying the lower fee as long as the USR reflects the 156.78 +f- Acres). Finally, the second part of your message is addressed to the following entity and does not appear to apply to us: To: 'David Lee' cdplee67@grnail.corn> Subject: 7 -day for Camelot RV -- PRE17-0104 Hello David, We trust this reply will assure your Department of the complete nature of our application and allow the process to continue. Thank -you, Kim, for your assistance. USR Doc pp 41-42 5. USES shall comply with the following stormwater management standards: a. Stormwater retention facilities shall be provided on -site which are designed to retain the stormwater runoff from the fully developed site from a one -hundred -year storm or as otherwise required by the Department of Public Works. In the case of a LIVESTOCK CONFDCHMENT OPERATION (L.C. .), wastewater collection, conveyance and retention facilities shall be designed and constructed in accordance with the Confined Animal Feeding Operation Control Regulations (5 CCR. 1002-19) Upland overland flows are directed around and away from extraction area by existing access roads, irrigation pathways and on site waterways. Within the extraction areas, stormwater drains inward toward the resulting basin. All stormwater is managed under an existing approved Stormwater permit CO 1501584. b. The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the UNDEVELOPED site. During extraction activity, groundwater will be discharged into a nearby established drainageways (unnamed seep ditches) in order to maintain the resulting basin until completion of reclamation of the basin for water storage. The location of the planned discharge locations are shown on °MLR Exhibit C-2: Extraction Plan. Groundwater discharge is provided for under an approved stormwater discharge permit issued by the Colorado Department of Health (COG501584). The intersecting irrigation ditch lateral, surrounding drainageways, and access roads form an existing barrier to the transportation of intercepted direct precipitation, and tend to limit the introduction of 10 waters from overland flows from any upland watershed, such as the pivot irrigated lands above the floodplain escarpment to the south. The majority of any upland water will flow into and around the location along existing channels, or otherwise be intercepted by other unaffected channels, including the existing irrigation ditch laterals. The extraction of materials will cause direct precipitation to drain internally toward the resulting basins. Above basin portions of the operation, including any plant site, stockpiles, haul roads, and other operational features are located on existing or excavated near table topography. All on -site drainage is managed under the approved Stormwater Management Plan. pp 130 of the P122 USR item 8 Cm): 1. Explain how the storm water drainage will be handled on the site. Since the project will result in the creation of basins, most water from direct precipitation will drain internally into the pits. Where outslopes from soil berms or road construction occurs, outslopes will be grassed to limit detachment and transportation of soil, thereby limiting and suspended solids from leaving the parcel, and generally diverting overland flows around affected lands and into existing drainageways. Existing drainageways lying outside the basins will not be altered, and the entire site will be managed under an approved Colorado Department of Health stormwater permit. Varra Companies, Inc. Office of Special Projects Bradford Janes, Forester Liaison - Interdisciplinary Affairs desk: 970-353-8310 From: Kim Ogle Sent: Thursday, July 6, 2017 9:12 AM To: Specia I Projects VCI Subject: 7 -day for Varra Mine -- PRE17-0085 Hello Brad, Hayley Balzano with Planning Services — Engineering is requesting additional information. She states the questionnaire addresses drainage for the mining portion. Please address drainage for the plant site and stock pile area of the property. Application fee will be 7750.40 dollars [5000.00 dollars for the first 10 acres and 20.00 dollars for each additional acre]. Total property is 147.52 acres, Payment is due when application is deemed complete. Thank you Kim Ogle Planner Department of Planning 11. 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.400.3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Think Green - Not every email needs to be printed From: Kim Ogle Sent: Thursday, July 06, 2017 7:41 AM To: 'David Lee' cd plee67@gmail.com> Subject: 7 -day for Camelot RV -- PRE17-0104 Hello David, Hayley Balzano with planning Services — Engineering is requesting additional information. A letter, signed and stamped by a Colorado licensed PE stating that the amendments to the original SPR can be handled by the existing drainage facilities, is required at time of application. Application fee will be 500.00 dollars and since the site is also located within an intergovernmental defined growth area an additional 30% fee has been added. Total application fee is 650.00 dollars Payment is due when application is deemed complete. Thank you Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Dire c t: 9 70.4 00.35 49 Office: 970.353.6100 x 3540 Facsimile: 9 70.304.6498 12 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. b., Think Green - Not every email needs to be printed 13 COLORADO Division of Reclamation, Mining and Safety Department ci Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 May 19, 2017 Mr. Garrett C. Varra Varra Companies, Inc. 8120 Gage St. Frederick, CO 80516 Re: Varra Companies, Inc., Parcel 122 - Resource Development Project, Permit No. M-2015-033, Technical Revision Approval, Revision No. TR-01 Mr. Varra: On May 19, 2017 the Division of Reclamation, Mining and Safety (Division/DRMS) approved the Technical Revision application submitted to the Division on April 24, 2017, addressing the following: Updated Mining and Reclamation Plan exhibits and maps for oil and gas infrastructure relocation. The terms of the Technical Revision No. 1 approved by the Division are hereby incorporated into Permit No. M-2015-033. All other conditions and requirements of Permit No. M-2015-033 remain in full force and effect. If the revised liability amount exceeds the performance bond currently held (see below), please submit additional bond. The revision will not be final until the bond is approved by the Division. Bond Held: Prior Liability: Change in Liability: Revised Liability: $118,575.00 $118,575.00 $0.00 $118,575.00 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us John W. Hickenlooper, Governor I Robert Randall, Executive Director I Virginia Brannon, Director Parcel 122 TR-01 Approval Letter Page 2 of 2 May 19,2017 If you have any questions, please contact me at peter. hays@state.co, us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Ec: Wally Erickson, DBMS STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 14WE1413F DATE ISSUED: December 29, 2014 ISSUED TO: Varra Companies, Inc. Issuance 1 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel pit, Varra-Bearson Resource Project, located in the NW1/4, Section 33, Township 3 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Facility Equipment ID AIRS Point Description Varra- Bearson Resource Project 001 Material extraction, and transfer handling, stockpiling, points. hauling, associated conveyors THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq,), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF -CERTIFY FOR FINAL APPROVAL 1. YOU MUST notify the Air Pollution Control Division (Division) no later than fifteen days after commencement of operation under this permit by submitting a Notice of Startup (NOS) form to the Division. The Notice of Startup (NOS) form may be downloaded online at https://www.colorado.gov/pacific/cdphe/other-air-permitting-notices. Failure to notify the Division of startup of the permitted source is a violation of AOCC Regulation No. 3, Part B, Section I II.G.1 and can result in the revocation of the permit. 2. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit or enforcement action by the Division. Information on how to certify compliance was mailed with the permit or can be obtained from the Division's website at https://www.colorado.gov/pacific/cdphe/air-permit-self-certification. (Reference: Regulation No. 3, Part B, III.G.2). AIRS I D : 123/9D24/001 Page 1 of 9 Version 2009-1 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 3. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either the date of issuance of this initial approval permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date (See General Condition No. 6., Item 1.). Upon a showing of good cause by the permittee, the Division may grant extensions of the permit. (Reference: Regulation No. 3, Part B, Section III.F.4.) 4. Within one hundred and eighty days (180) after commencement of operation, the operator shall complete all initial compliance testing and sampling as required in this permit and submit the results to the Division as part of the self -certification process. (Reference: Regulation No. 3, Part B, Section III.E.) 5. Within one thirty (30) days after commencement of operation, the AIRS ID (example: 123/9022/001) number shall be posted in an easily visible location for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) EMISSION LIMITATIONS AND RECORDS 6. Emissions of air pollutants shall not exceed the following limitations (as calculated using the emission factors included in the Notes to Permit Holder section of this permit). (Reference: Regulation No. 3, Part B, Section II.A.4) Annual Emission Limits: Facility Equipment ID AIRS Point Tons per Year Emission Type PM PKo PM2.5 NOx CO Marra -Bear -son Resource Projectg 001 17.1 1 4.7 0.5 -- -- Fugitive Transfer Points 0.0 0.0 0.0 Point Note: Compliance with the fugitive emission limits shall be demonstrated by not exceeding the production limits listed below and by following the attached particulate emissions control plan. See "Notes to Permit Holder #3" for information on emission factors and methods used to calculate Transfer Point limits. AIRS I D : 123/9D24/001 Page 2of9 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 PROCESS LIMITATIONS AND RECORDS 7 This source shall be limited to the following maximum consumption, processing and/or operational rates as listed below. Daily and annual records of the actual process rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Production Limits: AIRS " Production Parameter Annual Limit Point (tons/year) 001 Sand and gravel extraction 1,250,000 STATE AND FEDERAL REGULATORY REQUIREMENTS 8. Visible emissions from conveyors and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.1. & 4.) 9. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart OOO whenever there is primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment) at this location as follows: [The requirements below reflect the rule language of 40 CFR Part 60 Subpart OOO published in the Federal Register on 7/11/2006. However, if revisions to this Subpart are published at a later date, the owner or operator is subject to the requirements contained in the revised version of 40 CFR Part 60, Subpart 000.] a. Visible emissions from each crusher shall not exceed twelve percent (12%) opacity. b. Visible emissions from each screen and transfer point shall not exceed seven percent (7°/a) opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. c. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) AIRS I D : 123/9D24/001 Page 3 of 9 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 d. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) e. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. f. Records of startups, shutdowns, and malfunctions shall be maintained, as required under 60.7. g. Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. h. Compliance with opacity standards shall be demonstrated according to § 60.11. OPERATING & MAINTENANCE REQUIREMENTS 10. This source is not required to follow a Division -approved operating and maintenance plan. COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 11. Within 180 days of startup, the owner or operator shall demonstrate compliance with Conditions 8 and 9, using EPA► Method 9 to measure opacity from transfer points. This measurement shall consist of a minimum twenty-four consecutive readings taken at fifteen second intervals over a six minute period. (Reference: Regulation No. 1, Section II.A.1 & 4) ASPS Subpart 000: If the equipment included in this permit is located at a facility that has primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment): This measurement (except for the transfer to a stockpile) shall consist of consecutive readings taken at fifteen second intervals over a 30 minute period (five 6 -minute averages). Compliance with the applicable opacity limits must be based on the average of the five 6 -minute averages (Reference: §60.675(c)(3)). If the equipment included in this permit is NOT located at a facility that has primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment): This measurement shall consist of a minimum twenty-four consecutive readings taken at fifteen second intervals over a six minute period. (Reference: Regulation No. 1, Section II.A.1 & 4) Periodic Testing Requirements 12. Periodic testing is not required for this source. AIRS I D : 123/9D24/001 Page 4 of 9 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 ADDITIONAL REQUIREMENTS 13. The AIRS ID number shall be posted in an easily visible location for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) 14. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section I II.D.1.b. 15. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, III.E.) 16. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For sources emitting any amount of lead, a change in actual emissions of fifty (50) pounds of lead above the level reported on the last APEN submitted. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: 17. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation No. 3, Part B, Section I I. B upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 18. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit is considered initial AIRS I D : 123/9D24/001 Page 5 of 9 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 approval and does not provide "final" approval for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part E, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self -Certify for Final Approval section of this permit. The operator shall retain the permit final approval letter issued by the Division after completion of self - certification with the most current construction permit. 19. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. By: Charles N. Pray, P.E.-P.L.S. Permit Engineer Permit History: Permit History Issuance Date Description Initial Approval This Issuance Issued to Varra Companies, Inc. By: I FOR R K Hancock III, P.E. Construction Permits Unit Supervisor Notes to Permit Holder (as of permit issuance): 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (ADEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. See: https://www.colorado.gov/pacific/cdphe/agcc-regs. 3) The point source emission levels contained in this permit are based on the following emission factors (any change in operations may change these factors): AIRS ID: 123/9D24/001 Page 6 of 9 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 Point Emissions: Pollutant Emission Factors TSP 0.0030 applies lbs per ton of sand and gravel production 95.0% control PM10 0.0011 applies lbs per ton of sand and gravel production 95.0% control PM. 0.00032 applies lbs per ton of sand and gravel production 95.0% control In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN shall be submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. This facility is classified as follows: Applicable Requirement Status Operating Permit Minor source PSD Minor source 6) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the website listed below: http://ecfr.gpoaccess.govl Part 60: Standards of Performance for New Stationary Sources NSPS §60.670 - §60.676 Subpart OOO 7) The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. Failure to pay the invoice will result in revocation of this permit. The permit holder shall pay the invoice within 30 days of receipt of the invoice (Reference: Regulation No. 3, Part Al Section VI.B.). Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab in/tbo. This permit may be revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for AIRS ID: 123/9D24/001 Page 7of9 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 review of the Division's action. 10) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 11) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. AIRS ID: 123/9D24/001 Page 8 of 9 Colorado Department of Public Health and Environment Air Pollution Control Division Varra Companies, Inc. Permit No. 14WE1413F Issuance 1 PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions shall apply to on -site haul roads, the nuisance guidelines shall apply to off -site haul roads. c Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 15 miles per hour. Speed limit signs shall be posted. 5. Haul roads shall be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 6. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 7 All disturbed areas shall be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met, and revegetated within one year. AIRS I D : 123/9D24/001 Page 9 of 9 Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047 Sec. 22- 5-80. General commercial mineral deposits (`aggregate') and ore mineral resources Goals & Policies. A. CM.Goal 1. Conserve lands which contain commercial mineral deposits ("aggregate") for potential future use in accordance with state law (section 34- 1 30b, C.R.s.). 1. CM.Policy 1.1. Maintain a map depicting known commercial mineral deposits ("aggregate"). The official Commercial Mineral Deposits Map will be a component of this commercial mineral deposit master plan and be compiled based on the Goals and Policies discussed in this Section. The current copy of the Commercial Mineral Deposit Map is maintained on file at the Department of Planning Services. a. Recom ended Strategy C�.1.1. . Consider developing a more detailed and up-to-date commercial mineral deposits master plan, as described by Section 34-1-304, C.R.S. Acknowledged.. 2. CM.Policy 1.2. Consider access to future mineral resource development areas in all land use decisions, in accordance with state law. Acknowledged. 3. CM.Policy 1.3. The County should not, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present, or future, extraction of such deposit by an extractor. Strongly discourage other intensive land uses in areas identified on the Commercial Mineral Deposits Map as containing commercial mineral deposits, until such time as those deposits have been extracted. Landowners should be given an opportunity to modify the Commercial Varra Companies, Inc. Weld County USR Parcel 122 — Resource Development Project June 2017 Mineral Deposits Map and demonstrate that an area does not contain a commercial mineral deposit. Acknowledged, 4. CM.Policy 1.4. If conservation easements are placed on lands containin.g commercial mineral deposits, encourage the terms of the easement to allow extraction of those commercial mineral deposits. Acknowledged. B. CM.Goal 2. Promote the reasonable and orderly exploration and development of mineral resources, 1. CM.Policy 2.1. Conduct land use permitting the operation of a mining site in unincorporated Weld County, in accordance with regulations in the County. Acknowledged, 2. CM.Policy 2.2. Encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators with respect to any developments of either the surface or the mineral estate. Acknowledged. 3. CM.Policy 2.3. Ensure that development of mineral resources addresses the impacts of such development. Acknowledged. We've also addressed the benefits of resource conservation. Varra Companies, Inc. Weld County USR 2 Parcel 122 — Resource Development Project June 2017 4. CM. Policy 2.4. Ensure that the development of mineral resources maintains and limits the effects on the quality and quantity of area water. Acknowledged, 5. CM.Policy 2.5. 1-3fncourage mineral developers to conserve water in their operation. Acknowledged. C. C.M.Goal 3. Minimize the impacts of surface and subsurface mining activities on the surrounding land, land uses, roads and highways. 1. CM.Policy 3.1. In review of a land use application for a mine site, consider the cumulative impacts of the mining activity on surrounding land use and County infrastructure. Acknowledged, We would also encourage assessing the cumulative benefits. 2. CM.Policy 3.2. Locate and design excavated areas, structures, machinery, equipment storage and stockpiling of mined materials to be considerate to surrounding land uses in terms of general use, scale, density, traffic, dust and noise. Acknowledged, CM.Policy 3.3. Where practical, maintain roadside and perimeter vegetation and setback requirements which serve to shield mining Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 3 June 2017 operations, including storage of equipment, stockpiled soils and materials from public view. Acknowledged, . CM.Policy 3.4. Locate access roads to, and within, the site in a manner which minimizes traffic impacts on surrounding land uses. Acknowledged. 5, CM.Policy 3.5. The land use applicant should demonstrate that the street or highway facilities providing access to the mining activity are adequate in functional classification, width and structural capacity to meet the requirements of the proposed mining activity. Require internal road circulation, off-street parking, dust abatement, acceleration lanes, deceleration lanes, common access collection points, signalization and other traffic improvements wherever necessary to mitigate traffic impacts caused by the mining activity. Also, review applications for mining in accordance with the Transportation Goals and Policies. AcknoVle dge d. 6. CM.Policy 3.6. Buffer, where possible, batch plants and processing equipment from adjacent uses. Acknowledged, 7. CM.Policy 3.7. Allow trucking operations dealing exclusively in the transport of mined materials on the mine site when incorporated in the operational plan for the mining operation. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 4 June 2017 Acknowledged. 8. CM.Policy 3.8. Require all mining operations to conform to federal, state and local environmental standards. Acknowledged, 9, CM.Policy 3.9. Promote the safety of all citizens that are in relatively close proximity to ore mineral mining and processing facilities. a. Recommended Strategy au.3. 9. a. Consider de velop n land use regulations (including those adopted as Section 24-65.1-101, et seq., C. . S.) to promote the safety of all citizens that are in rela tiely close proximity to ore mineral mining and processing facilities. Acknowledged. D. CM.Goal 4. Minimize hazardous conditions related to mining activities and the mining site. 1. CM.Policy 4.1. In reviewing the operational and reclamation plans for a mining operation, impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding . properties as follows: • Require appropriate site -specific security fencing be erected and maintained around extraction sites, as necessary, to minimize potential attractive nuisance hazards associated with operations located near urban uses. Acknowledged. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 5 • Require mining operations to use warning signs, fences, guards, lighting and other means to warn and protect people from mine site hazards such as steep slopes, holes, ponds and heavy equipment. Enforce trespass laws to ensure public safety. Acknowledged. • Require all mining operations conform to federal, state and local safety standards. Acknowledged. • Require periodic on -site inspections, as warranted. Acknowledged. . CM.Policy 4.2. Ensure that operators comply with County flood hazard and geological hazard regulations. County staff should conduct site inspections to evaluate applications for mining. Understanding that most of the extractions are alluvial and temporary in nature, the use should not come under the same scrutiny as uses with permanent structures. a. Recommended Strategy C . 4.2. a. Review Co u.un ty flood hazard and geological hazard regulations to ensure that they are practical for mining operational needs and are not so burdensome that they discourage future mineral extra c. tlon . Acknowledged, E. CM.Goal 5. Provide for timely reclamation of all mining sites and promote their beneficial reuse. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR C June 2017 1, CM,Policy 5,1, Consider the potentially adverse environmental effects of completed mining operations, Acknowledged. Because of modern reclamation and restoration of mined land, all affected lands are returned to a beneficial state and use. 2. CM.Policy 5.2. Ensure that operators minimize the disturbance of vegetation and overburden in advance of mining activities. Acknowledged. 3. CM.Policy 5.3. Encourage operators to save and utilize topsoil in site reclamation. Acknowledged. 4. CM.Policy 5.4. Ensure that operators take all reasonable and practical measures to protect the habitat of fish and wildlife. Acknowledged. 5. CM.Policy 5.5. Ensure that the operator and owner maintain the reclaimed mine site until it has been stabilized and vegetation is reestablished in accordance with the Colorado Division of Reclamation. Mining and Safety, and until any County development standards have been met. Acknowledged. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 7 June 2017 . CM.Policy 5.6. Promote the reuse of reclaimed alluvial mineral deposit. quarries for recreation. Acknowledged, 7. CM.Policy 5.7. Encourage the reservation of "surface rights" on water storage facilities which can later be sold, leased or donated for recreational uses. Acknowledged. . CM.Policy 5.8. Promote the reuse of reclaimed aggregate quarries for water storage. Acknowledged. 9. CM.Policy 5.9. Encourage the use of water storage facilities by Weld County water providers. .Recommended Strategy CAl. 5. 9.a. . Study wh e ti 1 er the e Ci.J un ty should purchase water lights and storage facilities to be put to b en e.ficial use in the County. Acknowledged.. 10. CM.Policy 5.10. Allow, where possible, residential or commercial uses adjacent to water storage facilities. Acknowledged. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 8 June 2017 11. C .Pol cy 5 ,11. Consider public uses on lands adjacent to water storage facilities, (Weld County Code Ordinance 2002-6: Weld County Code Ordinance 2008-13) Acknowledged, Varra Companies, Inc. Weld County USR 9 Parcel 122 — Resource Development Project June 2017 Division 4 Uses by Special Review Sec, 23 -2 -too, Intent and Applicability. A, Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBO OOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein and for applicable USES from any zone district, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. The Board of county commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for the following conditions. Any DEVELOPMENT or USE which requires a Special Review Permit and which is initiated by a general purpose local government, State, United States government, special district or authority created under the provisions of the laws of the State, or any public utility whether publicly or privately owned, shall require review and approval by the Planning Commission only as set forth in Division 5 below, C. Any person filing an application for a Special Review Permit shall comply wit'.. the COUNTY procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special Review shall be treated as a new USE and shall require a new application under the provisions of this Division. D. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. K. Applications for Special Review Permits shall be completed as set forth in Section 23-2-260. The complete application and application fees shall be submitted to the Department of Planning Services. Varra Companies, Inc. Weld County USR 10 Parcel 122 — Resource Development Project June 2017 F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Hoard prior to recording the final exhibit or plat, if applicable. G. An application for a Special Review Permit shall include the entire LEGAL LOT upon which the Special Review Permit will be located. H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this article. The Mylar plat and additional requirements shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review CUSR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review CUSP). (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2001-8; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010- ; Weld County Code Ordinance O11-3; Weld County Code Ordinance O123) - Acknowledged. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 11 Sec, 23-2 10. Duties of Department of Planning Services, Any person wanting to apply for a Use by Special Review shall arrange for a. preapplication conference with the Department of Planning Services. A. The Department of Planning Services shall be responsible for processing all applications for Special Review Permits in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty- eight (28) days after the mailing of the application by the COUNTY, The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY, The authority for making the decision to approve or deny the request for a Special Review Permit rests with the Board of County Commissioners. a. The planning commission or governing body of any town and county whose boundaries are within a three-mile radius of the parcel under consideration for a Use by Special Review Permit. b. The planning commission or governing body of any city or town that has included the parcel in its MASTER PLANNING area or Intergovernmental Agreement c,Department of Public Health and Environment. d. Department of Public Works to review the engineering aspects of the proposal. e. County Extension office.. Varra Companies, Inc. Weld County USR 12 Parcel 122 — Resource Development Project June 2017 f. Colorado Department of Public Health and Environment. g. Colorado Geological Survey. h. Colorado Historical Society. 1. Colorado Department of Transportation. j. Colorado State Division of Wildlife. k. Colorado State Engineer, Division of Water Resources. 1. Colorado State Oil and Gas Conservation Commission. m, Colorado Water Conservation Board. n. U.S. Army Corps of Engineers. o. U.S. Soil Conservation Service. p. US, Forest Service. U.S. Bureau of Land Management. Federal Aviation Administration. Federal Communications Commis sion. t, The appropriate fire district. u. .any irrigation ditch company with facilities on or adjacent to the parcel under consideration, v. Any other agencies or individuals whose review the Department of Planning Services, Planning Commission or Hoard of County Commissioners deems necessary. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date. The Board of County Commissioners public hearing may also be set and be given legal notice and posting, concurrent with setting of the Planning Commission hearing Varra Companies, Inc. Weld County USR 13 Parcel 122 — Resource Development Proj ect June 2017 date and in accordance with Section 23-2-230.A. Otherwise, the Board of County Commissioners public hearing shall be set after the Planning Commission hearing. 4r An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5. Give notice of the application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 6. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one 1 sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced with a photograph. The sign will include the following information: a. Special Review Permit number. b, Date, place and time of Public Hearing. c. Location and phone number of the public office where additional information may be obtained. d. Applicant's name. e . Size of parcel of land. Varra Companies, Inc. Weld County USR 14 Parcel 122 — Resource Development Project June 2017 f. Type of request. 7. Arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10 Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008- ) Acknowledged. Sec. 23- -220, Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent. applications under the COUNTY's provisions for Overlay Districts Regulations in Article V of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23- - 40 and - - 250 are met. The applicant shall demonstrate: 1.. That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. The project conforms with Section 22-5-80 of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area Varra Companies, Inc. Weld County USR 15 Parcel 122 — Resource Development Project June 2017 infrastructure is evident near this location and a majority of the serviceable area within Weld County and Northern Colorado. Locally, the Cities of Firestone and Mead are expanding into the St. Vrain Creek valley with residential uses encroaching from the south, west, and north of the tributary. While residential homes, primarily along existing unpaved Weld County roads are bounded by significant open space, consistent with their A -Agricultural standing, planned and existing residential zoning is increasing to the south, and west and into the City of Firestone. The entire state of Colorado is challenged by a continuum of human migration into the state. The resulting urban development places an inherent social, political, and economic impetus to enhance area infrastructure, including the enhancements of area roadways along and e ither side of Interstate 25 and Colorado Highway 85 With continued growth of human habitat and development, the products that serve the construction of the attending infrastructure come from the ground. The aggregate resource must be recovered before it is overtaken by ever expanding urban development, or it is lost. Now is the time and this is the geologically determined and economically feasible location from which the proposed extraction activity must occur. The extraction of aggregate resource is in fact resource conservation. Beyond that, it is the essential preservative for every downstream industry that relies upon it. Without it, those industries begin to shrink, along with correlated revenues for state and local government, Impacts would likely spread downstream from there, degrading schools and e verything else dependent upon government revenue. Affected populations would likely begin to flee an ever increasing tax burden, further accelerating loss of revenues from ever diminished home ✓ aluations, loss of businesses, jobs, and ultimately the very infrastructure itself. It is a fact that the present and future economic vitality of the State of Colorado and that of Weld County are intricately dependent upon aggregate resources for every essential aspect of human habitat, transportation, energy development, and other vital infrastructure needs. Imagine the impact just on oil and gas activities if the supply of affordable aggregate begins to dry up. Without a reliable source of aggregate, how would oil and gas companies' access fields, create drilling pads, or support their drilling locations and established sites? What would be the impact on Yarn Companies, Inc. Weld County USR 16 Parcel 122 — Resource Development Project June 2017 residential development if local supplies of aggregate dry up? What would happen to the costs of foundations for homes and correlated roadways if aggregate must be brought in from increasingly longer haul distances? All human infrastructures, urban and rural, all of it, requires an affordable supply of aggregate (sand, gravel, and other earth resources); whether utilized directly from the natural state or manufactured into different essential products. It is a correlated fact that the ever expanding urbanization of agricultural land forms the greatest demand for this nonrenewable resource. Simultaneously, it is this same urban population from which the majority of social opposition forms to oppose the projects whose products sustain the urban matrix and economy upon which that same population depends for its continued economic and social vitality. The contradiction gives evidence to the challenge to government to approve these projects knowing that the political base that elects them expects them to mirror their ignorance and hostility in the administration of regulatory code, This divorce between the urban experience and the foundational land resources that sustain it has served to undermine the very environmental potentials of reclamation and restoration, even while the impacts from urban systems form the greatest destructive force to the environment. It is destruction about which the urban dweller is commonly and curiously, clueless, Aggregate simply must be taken where it is found, Ignorance is a poor master, and the only thing left to protect wisdom is not Title 34; but the knowledge and application of the purposes and protections provided under Title 34 from those in government whose burden it is to understand and apply it, Extraction activity often creates a transition from agrarian activities and functions as a buffer to both agrarian and natural systems. It is a fact that human impact from extraction is less environmentally destructive and more beneficially transformative than urban development. The result of active mineral conservation and reclamation assured under Title 34 tends to lessen the future density of encroaching urban development and correlated infrastructure impacts on wildlife habitat. Urbanity remains a desired and unavoidable characteristic of a healthy economy and its attending society for which affordable aggregate is essential. The irony is that it is the urban matrix that could benefit from the greater experience Yarn Companies, Inc. Weld County USR 17 Parcel 122 — Resource Development Project June 2017 of the aggregate industry in applied reclamation and restoration in nullifying consequential impacts to every facet of the environmental matrix. It remains the stated duty of any governing body in Colorado to aid in the lawful recovery of these vital mineral resources under Title 34; and more specifically, C.R.S. 34-1-305. Section 22-5-80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this application and the attending 1M4LR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a responsible and orderly manner as required under both Colorado law and the Weld County Code of Regulations. 2. That the proposal is consistent with the intent of the district in which the USE is located. The application is an allowable and complementary use within the Agricultural A District. Resource recovery simply cannot occur over lands developed with houses and other structures. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to any other development. This application assures the conservation of the underlying valuable aggregate deposit will occur in a manner that complements and enriches the surrounding community. Extraction produces more than aggregate, it provides for long term continuity and downstream wealth in the form of jobs for all those who utilize the products, it aids in the maintenance and necessary improvements of aggregate dependent infrastructure, and assures a revenue enl.le for state and county government and area school districts. Reclamation of extracted lands will result in the creation of water storage basins (Developed Water Resources), a return of indigenous vegetation and cover for wildlife over the remaining dry lands, while acting as an Yarn Companies, Inc. Weld County USR 18 Parcel 122 — Resource Development Project June 2017 e nduring buffer to urbanization and its relentless destruction and conversion of natural and agricultural lands. All lands affected above the anticipated final static water level of the reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it. Other reasonable uses may be in the form of existing or continued agricultural uses, or a mixture of other approved uses such as light residential, commercial, and industrial. Unlike other urban uses that intrude upon the agricultural districts, e xtraction is fundamentally a transitional use that leaves the final land in a configuration that that tends to complement the agricultural interface while discouraging the later development of high density urban uses such as residential land development. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence -works; the results following e xtraction typically do not result in such permanent diminished landscapes, habitats or densities. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking from other human development, including the creation of edge effect resulting from the reintroduction of native landscape and enhanced aquatic margins that will better complement and aid wildlife; for the enduring benefit to, and visual enjoyment of, the surrounding community. The planned resource recovery activity is remote enough from existing, yet encroaching, residential subdivisions as to form a comparatively unobtrusive buffer between those existing high density urban populations that commonly tend to clash with existing agricultural lands and activities. The projected scale of operations are compatible with area dairy and farm uses, yet do not intrude upon the level of background noise to existing local residences beyond that already experienced along area highways and roadways, The planned location of support related activities into an e xisting hillside and away from area residences will further assure diminished impact from noise and related effects. Yarn Companies, Inc. Weld County USR 19 Parcel 122 — Resource Development Project June 2017 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. The genesis of the location is associated with the development of irrigation and the rise of sugar beet agriculture. Sugar beets were first grown in Colorado in 1869, one year before members of a joint-stock colonization company called the Union Colony of Colorado founded the City of Greeley. The Last Chance Ditch Company was formed in 1872, in tandem with topographic alterations to deliver the water to leveled landscapes, converting grasslands and rangeland to crops, and more specifically, sugar beets. By 1879, the state's agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production. As Colorado's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899. Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. Long before there were plans for extraction, significant land modification had occurred on and surrounding Parcel 122. By 1910, the Union Pacific Railroad began plans for a line to transport area beet production and coal. The railroad town of Gowanda was built, and in 1911, the Dent line was completed east of St. gain Creek and nearly a mile west of Parcel 122, severing the floodplain from the location. After the invention of pivot irrigation in 1948, land modification accelerated over agricultural lands. Lands to the immediate east, southeast, and south of Parcel 122 were leveled to provide a pathway for the pivot. Materials were likely borrowed from portions of Parcel 122 to aid in the surrounding land leveling for pivots. While Parcel 122 was not configured well for a pivot, it later experienced land leveling and manipulation of its remaining rangeland in order to open more acreage to row crops. Manipulation of the area landscape continued into the first decade of the Twenty-first Century. Yarn Companies, Inc. Weld County USR 20 Parcel 122 — Resource Development Project June 2017 Under Title 34, specifically C.R.S. 34-1-305, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting e nd use is allowable under the Weld County zoning designation of the A - Agriculture zoned lands, which applies to the entire lands considered for active extraction under this application. While the existing agricultural lands will change into managed reservoirs that change is essential since resource recovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are historically and contemporaneously fully compatible with the surrounding lands. The planned activities over the formerly modified and cropped lands will return them to a desirable and valuable beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. The location is flanked by properties in the A -Agriculture Zone. Agricultural lands flanking the west boundary are actively under e xtraction by our company, while immediately to the north along WCR 28 are lands permitted for extraction by another company. Extraction is present and on -going further to the north, and west to St. gain Creek. While two homes front the northern extraction limits, unless closer distances are agreed to, extraction limits are maintained no closer than 125 feet from any existing residential structure. Subsequent area homes will need to setback from planned extraction limits to the desired distance acceptable by Weld County government at the time of their approval and construction. Since extraction will rapidly fall below existing ground, it will also gain distance from area residents as it moves south toward planned support area(s). This will serve to minimize noise from extraction e quipment Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Reclamation Mining and Safety CCDRMS), Office of Mined Land Reclamation COMLR) Exhibit C- 2: Extraction Plan Map, the greater Yarn Companies, Inc. Weld County USR 21 Parcel 122 — Resource Development Project June 2017 concentration of support activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by the area landscape and topography, including the open space and hillsides of the predominantly cropped agricultural fields and sinewy flanks of the old flood plain escarpment. The location was selected to assure any noise emanating from an 80 - decibel stationary support source will fall to background residential levels (55 decibels) at 400 feet from the source. Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within these location (s) and where salvaged soil for reclamation is placed along perimeter segments above the extraction limits as needed or desired. The location is approached internally along its east boundary and away from high density residential areas and roadways. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. Extraction will occur in the mineral reserve areas once they are no longer occupied by support activities and correlated stockpiles. Extracted material may also be transported by haul truck or existing/future conveyor systems to our existing operations located to the west and north of the project area. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence -works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Many extraction operations serve to increase wildlife diversity with time, with reclamation providing functional space that is otherwise crowded out by urban development. It is in fact, urban development that is so fundamentally and permanently destructive of wildlife and wildlife diversity. Hence the long-term health of wildlife is advanced by extraction and reclamation, providing critical corridors, habitat, resting areas and food sources for avifauna that were previously limited if not nonexistent. The reclaimed site will better afford protection for diverse wildlife species that would otherwise be lost to more fragmented and destructive monocultures of urban yards and attending increased human Yarn Companies, Inc. Weld County USR 22 Parcel 122 — Resource Development Project June 2017 disruption, including attending losses from traffic. Often, the post mine landscape offers an obvious visual and environmental enhancement that ✓ eturns a diverse native cover of vegetation to an area formerly occupied by a monoculture of crops. The reclamation of extracted lands introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect, resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife and scenic values. Overall, final ✓ eclamation of the extracted lands create features that better lend themselves to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. 4. That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. The project conforms with Section 22-5- 0 of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development ✓ esulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Without aggregate, accommodating an expanding population is subordinated to maintaining the existing infrastructure which rapidly begins to fail, along with the economic base and downstream revenues that depend upon them. Imagine, Highways 85, 34, and I-25 as dirt roads. Section 22-5- 0 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. Yarn Companies, Inc. Weld County USR 23 Parcel 122 — Resource Development Project June 2017 The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding land uses and mixed zoning. Resource recovery simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the formerly modified and cropped landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents high density urban development. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. While residential and other high density urban development fragments wildlife habitat with increasingly larger building footprints, incompatible landscapes, and isolating fence -works and adjacent roadways; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. Future Compatibility: The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the St. gain Creek watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for Yarn Companies, Inc. Weld County USR 24 Parcel 122 — Resource Development Project June 2017 either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on ()MLR Exhibit F: Reclamation Plan Map. b. That the application complies with Article V of this Chapter if the proposal is located within the Overlay District Areas identified by maps officially adopted by the COUNTY. The location is zoned A - Agriculture. The project location is outside any Weld county Overlay District. The location is outside of any known geologic hazard. The location is not within the Weld County Airport `Influence Zone.' The project does not lie within the floodplain or any portion of the defined flood -way of St. Vrain Creek. The Dent line of the Union Pacific Railroad, established in 1911, divorced the floodplain proper from St. Train Creek to the east of the remaining railroad bed. 6. That if the USK is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed USE. Some of the identified soils are Prime Irrigated Soils as designated on the U.S.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved OMLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above Varra Companies, Inc. Weld County USR 25 Parcel 122 — Resource Development Project June 2017 the anticipated static water level of the basins and otherwise requiring revegetation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable and necessary for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on -site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23-2 260, below. 7, That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY, The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations is situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety of on -site personnel and visitors are Yarn Companies, Inc. Weld County USR 26 Parcel 122 — Resource Development Project June 2017 managed under authority of the federal MHA program. All planned e xtraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the State of Colorado Division of Reclamation Mining and Safety CCDRMS), office of Mined Land Reclamation COMLR). Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation [OMLR] permit, and described in detail under ()MLR Exhibit E Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are e ased by the location below and away from area residences and by the n atural topography broken by variegated vegetation and a vast spatial separation. The Secretary of the Planning Cor • mission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (1O) days after said recommendation has been made. Acknowledged. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of county Commissioners,. the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. (Weld County Codification Ordinance 2000-1) Acknowledged. Sec. 2'3 r) 230. Duties of Board of County Commissioners, A. The Board of County Commissioners shall: Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 27 1, set a Board of County Commissioners public hearing, to take place not more than forty-five (45) days after receipt of the Planning Commission recommendation, or upon request of the applicant, for consideration of the proposed Special Review Permit. 2. Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed, The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. 3. Give notice of the application for a Special Use Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate .. Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 4.. Arrange for the Department of Planning Services to post a sign on the property under consideration for a Special Review Permit according to the requirements of Section 23-2- 10 B/I of this Article, Acknowledged, The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department Varra Companies, Inc. Weld County USR 28 Parcel 122 — Resource Development Project June 2017 of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only, if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2-240 and 23-2- 50 of this Division are met. The applicant shall demonstrate: 1. That the proposal is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. The project conforms with Section 22-5- o of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The entire state of Colorado continues to be challenged by human migration into the state, and the resulting urban development is shaping State policies to enhance area infrastructure, including the enhancements of area roadways along and either side of Interstate 25 and Colorado Highway 85, for which this location is ideally situated to serve. With continued growth of human habitat and development, the products that serve the construction of this infrastructure come from the ground. The aggregate resource must be recovered before it is overtaken by ever e xpanding urban development, or it is lost. Now is the time and this is the geologically determined and economically feasible location from which the proposed extraction activity must occur. It is a fact that the present and future economic vitality of the State of Colorado and that of Weld County are intricately dependent upon aggregate resources for every aspect of human habitat, transportation, e nergy development, and other vital infrastructure needs. For example; oil and gas activities could be impaired without a reliable supply of aggregate resources for their operations, facilities, and improvements n ecessary to access fields, create pads, and support their drilling locations. It all requires aggregate (sand, gravel, and other earth resources); whether utilized directly from the natural state or processed into different essential products. Varra Companies, Inc. Weld County USR 29 Parcel 122 — Resource Development Project June 2017 The extraction of agree ate resource is in fact resource conservation. It is a correlated fact that the ever expanding urbanization of agricultural land forms the greatest demand for this nonrenewable resource, while simultaneously forming social opposition to the very products needed to sustain the urban matrix and economy. The contradiction gives evidence to the divorce between the urban experience, and the foundational land resources that sustain it. Aggregate simply must be taken where it is found. The result of active mineral conservation and reclamation tends to lessen the future density of subsequent urban development that results from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure; all of which are the desired and unavoidable characteristics of a healthy economy and its attending society. It is the stated duty of any governing body in Colorado to aid in the lawful recovery of these vital resources under Title 34 (specifically, C.R.S. 34-1-305). Future generations will suffer if Title 34 is not recognized, observed, and enforced. Section 22-5- 0 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this application and the attending °MLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. 2. That the proposal is consistent with the intent of the district in which the USE is located. The application is an allowable and complementary use within the Agricultural A District. Resource recovery simply cannot occur over lands developed with houses and other structures. Under {Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to any other development. This application assures the conservation of the underlying valuable aggregate deposit will Yarn Companies, Inc. Weld County USR 30 Parcel 122 — Resource Development Project June 2017 occur in a manner that complements and enriches the surrounding community. Extraction produces more than aggregate; it provides for long term continuity and downstream wealth in the form of jobs for all those who utilize the products; it aids in the maintenance and necessary improvements of aggregate dependent infrastructure; and it assures long term revenue for state and county government and area school districts. Reclamation of extracted lands will result in the creation of water storage basins (Developed Water Resources) over the majority of the location, and a buffer to increasing urbanization of natural and agricultural lands. All lands affected above the anticipated final static water level of the reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it, Other reasonable obstacles may be in the form of existing or continued agricultural uses, or a mixture of other approved uses such as light residential, commercial; and industrial, Unlike other urban uses that intrude upon the agricultural districts, extraction is fundamentally a transitional use that leaves the final land in a configuration that discourages the later development of high density urban uses such as residential land development. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence -works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking from other human development, including the creation of edge effect resulting from the reintroduction of native landscape and enhanced aquatic margins that will better complement and aid wildlife, scenic values, water resources; to the long term benefit and visual enjoyment of the surrounding community. The planned resource recovery activity is remote enough from existing, yet encroaching, residential subdivisions to remain comparatively unobtrusive to those existing high density populations. The projected scale of operations are compatible with area dairy and farm uses, yet do not intrude upon the level of background noise to existing local residences Yarn Companies, Inc. Weld County USR 31 Parcel 122 — Resource Development Project June 2017 beyond that already experienced along area highways and roadways. The planned location of support related activities into an existing hillside and away from area residences will further assure diminished impact from noise and related effects of planned operations. 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. The genesis of the location is associated with the development of irrigation and the rise of sugar beet agriculture. Sugar beets were first grown in Colorado in 1869, one year before members of a joint-stock colonization company called the Union Colony of Colorado founded the City of Greeley. The Last Chance Ditch Company was formed in 1872, in tandem with topographic alterations to deliver the water to leveled landscapes, converting grasslands to crops. By 1879, the state's agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production. As Colorado's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899. Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. Long before there were plans for extraction, significant land modification had occurred on and surrounding Parcel 122. By 1910, the Union Pacific Railroad began plans for a line to transport area beet production and coal. The railroad town of Gowanda was built, and in 1911, the Dent line was completed east of St. gain Creek and nearly a mile west of Parcel 122, severing the floodplain from the location. After the introduction of pivot irrigation land modification accelerated and lands to the immediate east, southeast, and south were leveled to provide ide a pathway for the pivot. Materials were likely borrowed from portions of Parcel 122, which also experienced land leveling and manipulation throughout the Twentieth Century. By this submittal, the owner proposes to alter these lands again, by similar Yarn Companies, Inc. Weld County USR 32 Parcel 122 — Resource Development Project June 2017 land modification, for well established purposes of beneficial land use that further develops the attending water resources, while strengthening the area economy. All lands reaffected e cte d by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be ✓ eturned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other ✓ easonable obstacles prevent it, or as otherwise modified by uses and ✓ elated structures allowed under the applicable zoning designation Under Title 34, the State of Colorado and Weld County require the ✓ emoval of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County zoning designation of the A -Agriculture zoned lands, which applies to the entire lands considered for active e xtraction under this application. While the existing agricultural lands will change into managed reservoirs, the change is essential since resource ✓ ecovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are historically and contemporaneously fully compatible with the surrounding lands. The planned activities over the formerly modified and cropped lands will return them to a desirable and valuable beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners, The location is flanked by properties in the A -Agriculture Zone. Agricultural lands flanking the west boundary are actively under e xtraction by our company, while immediately to the north along WCR 28 are lands permitted for extraction by another company. Extraction is present and on -going further to the north, and west to St. Train Creek. While two homes front the northern extraction limits, unless closer distances are agreed to, extraction limits are kept no closer than 125 feet from any existing residential structure. Since extraction will rapidly fall below existing ground, it will also gain distance from area residents as it moves south toward planned support area(s). This will serve to minimize noise from extraction equipment. Yarn Companies, Inc. Weld County USR 33 Parcel 122 — Resource Development Project June 2017 Further, support activities near the extreme south and center of planned operations are designed to minimize any noise emanating from a stationary 80 decibel source, which falls to background residential level (55 decibels) at 400 feet from the source. Extraction will occur in the mineral reserve areas once they are no longer occupied by support activities and correlated stockpiles. Extracted, material may also be transported by haul truck or existing/future conveyor systems to our existing operations located to the west and north of the project area. Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Reclamation Mining and Safety CCDRMS), Office of Mined Land Reclamation COMLR) Exhibit C-2: Extraction Plan Map, the greater concentration of support activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by the area landscape and topography, including the open space and hillsides of the predominantly cropped agricultural fields and sinewy flanks of the old flood plain escarpment. The location is approached internally along its east boundary and away from high density residential areas and roadway. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence -works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Many extraction operations serve to enhance wildlife habitat and diversity with time, with reclamation providing functional space that is otherwise crowded out by urban development that is so fundamentally and permanently destructive of wildlife and wildlife diversity. Hence the long- term health of wildlife is advanced by extraction and reclamation, providing critical corridors, habitat, and protection for diverse wildlife species that would otherwise be lost. Often, the post mine landscape Yarn Companies, Inc. Weld County USR 34 Parcel 122 — Resource Development Project June 2017 offers an obvious enhancement that returns a diverse native cover of vegetation to an area formerly occupied by a monoculture of crops or worse, the useless array of bluegrass lawns that destroy any hope of benefit to wildlife or man, and increase the road kill from increased urban traffic that is so irresolutely devastating to area avifauna and terrestrial wildlife. The reclamation of extracted lands in fact often incorporates or introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better lend themselves es to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. 4. That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the e xisting zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in e ffect, or the adopted MASTER PLANS of affected municipalities. The project conforms with Section 22-5- 0 of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development resulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Without aggregate, accommodating an e xpanding population is subordinated to maintaining the existing infrastructure which rapidly begins to fail, along with the economic base Yarn Companies, Inc. Weld County USR 35 Parcel 122 — Resource Development Project June 2017 and downstream revenues that depend upon them. Imagine, Highways 85, 34, and I- 25 as dirt roads. Section 22-b-80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending ()MLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding land uses and mixed zoning. Resource recovery simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the formerly modified and cropped landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence -works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. Future Compatibility: Yarn Companies, Inc. Weld County USR 36 Parcel 122 — Resource Development Project June 2017 The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the St. Vrain Creek watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on ()MLR Exhibit C- 2: Extraction Plan Map. 5. That the application complies with Article V of this Chapter if the proposal is located within any Overlay District Area identified by maps officially adopted by the County. The location is zoned A - Agriculture. The project location is outside any Weld County Overlay District. The location is outside of any known geologic hazard. The location is not within the Weld County Airport 'Influence Zone. The project does not lie within the floodplain or any portion of the defined floodway of St. gain Creek. The Dent line of the Union Pacific Railroad, established in 1911, divorced the floodplain from St. Vrain Creek to the east of the remaining railroad bed.. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed use. Some of the identified soils are Prime Irrigated Soils as designated on the U.S.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and Varra Companies, Inc. Weld County USR 37 Parcel 122 — Resource Development Project June 2017 set aside for reclamation to the extent necessary and prescribed under the approved OMLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring revegetation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable and necessary for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on -site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23-2-260, below. Aggregate resources projects that are reclaimed as Water Storage preserves Prime Ag land from dry up in the future. We could reference Colorado Water Plan or the South Platte Basin Implementation Plan 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations is situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Yarn Companies, Inc. Weld County USR 38 Parcel 122 — Resource Development Project June 2017 Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety of on -site personnel and visitors are managed under authority of the federal MSHA program. All planned e xtraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the State of Colorado Division of Reclamation Mining and Safety CCDRMS), office of Mined Land Reclamation COMLR). Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation EOMLR] permit, and described in detail under OMLR Exhibit E - Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are e ased by the location below and away from area residences and by the n atural topography broken by variegated vegetation and a vast spatial separation. C. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Special Review Permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. Acknowledged. D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Hoard. Varra Companies, Inc. Weld County USR 39 Parcel 122 — Resource Development Project June 2017 Acknowledged. K. If the Special Review Permit is approved, the Board of County Commissioners shall arrange for the Department of Planning services to record the Special Review Permit Plan map with the County Clerk and Recorder. (Weld County Codification Ordinance 2000 1; Weld County Code Ordinance 2007-14) Acknowledged. Sec. 23 - -240. Design Standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. Adequate water service in terms of quality, quantity and dependability is available to the site to serve the USES permitted. Bottled drinking water will be available for employees and visitors. Varra Companies, Inc. also has rights to its own water that it will utilize for all other project needs. A substitute supply plan will be submitted to the Colorado Office of the State Engineer - Division of Water resources, as developed by Cheryl Signs Engineering. The applicant shall present a copy of the approved well permit to the Department of Planning Services prior to recording the Plat or otherwise, prior to exposing groundwater at the location, or as otherwise designated by the Board of County Commissioners. The information provided by the applicant's water engineer in Sec. 23-4-260 (13) and The Water Supply Information Sheet as submitted to fulfill Sec. 30-28-133 Cd), C.R.S., is consistent with that included in the submittals to the State Engineer as part of the applicant's assurance that operations will not result in an injury to vested and conditional water rights. 2. Adequate sewer service is available to the site to serve the USES permitted. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 40 While there are not existing sanitary facilities for the planned activities, prior to on -set of operations, the operator will provide two (2) commercially available port -o -lets, accessible to both employees and visitors. 3.. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. The soils described and shown on the vicinity map do not pose any restrictions to the facilities or uses planned under this submittal. The Weld County Soil Survey Soil Table, providing a complete listing of all soils and their limitations as they occur over the project area, is included in the addendum under OMLR Exhibit I/J - Soils and Vegetation Information. 4. Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted. A scalehouse, or any attending structures, will be provided with fire alarms and extinguishers. Heavy equipment is provided with fire extinguishers to the extent required by MSHA or the local fire district. Our existing extraction operations to the immediate east, Weld County Road 28 to the north, and combined with on -site haul roads along the basin perimeters, and irrigation ditch works that presently surround the property; function as fire breaks in the event of any potential grass fire. In general, the nature of the planned extraction activity will tend to reduce the potential for wildfire over the existing property by the removal of live plants and dead litter. Personnel are also trained under federal MSHA requirements in fire safety. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 41 5, USES shall comply with the following stormwater management standards: a. Stormwater retention facilities shall be provided on -site which are designed to retain the stormwater runoff from the fully developed site from a one -hundred -year storm or as otherwise required by the Department of Public Works. In the case of a LIVESTOCK CONFINEMENT OPERATION L, .0.), wastewater collection, conveyance and retention facilities shall be designed and constructed in accordance with the Confined Animal Feeding Operation Control Regulations (5 CCR 1002-19). Upland overland flows are directed around and away from extraction area by existing access roads, irrigation pathways and on -site waterways. Within the extraction areas, stormwater drains inward toward the resulting basin. All stormwater is managed under an existing approved Stormwater permit COG501584. b. The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the LADEVKLOPED site. During extraction activity, groundwater will be discharged into a nearby established drainageways (unnamed seep ditches) in order to maintain the resulting basin until completion of reclamation of the basin for water storage. The location of the planned discharge locations are shown on OMLR Exhibit C-2: Extraction Plan. Groundwater discharge is provided for under an approved stormwater discharge permit issued by the Colorado Department of Health (00050154). The intersecting irrigation ditch lateral, surrounding drainageways, and access roads form an existing barrier to the transportation of intercepted direct precipitation, and tend to limit the introduction of waters from overland flows from any upland watershed, such as the pivot irrigated lands above the floodplain escarpment to the south. The majority of any upland water will flow into and around the location along existing channels, or otherwise be intercepted by Varra Companies, Inc. Weld County USR 42 Parcel 122 — Resource Development Project June 2017 other unaffected channels, including the existing irrigation ditch laterals. The extraction of materials will cause direct precipitation to drain internally toward the resulting basins. Above basin portions of the operation, including any plant site, stockpiles, haul roads, and other operational features are located on existing or excavated near table topography. All on -site drainage is managed under the approved Stormwater Management Plan. 6. All parking and vehicle storage shall be provided on the site; parking shall not be permitted within any public right-of-way. An adequate parking area shall be provided to meet the parking needs of employees, company vehicles, visitors and customers. Parking will be commonly limited to the plant and stockpile area identified on O1\4LR Exhibit 0-2: Extraction Plan Map, except where internal operations are necessary to the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as necessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be available at the scalehouse. 7. The USE shall comply with all the SET tACK and OFFSET requirements of the zone district. Acknowledged and provided for. Extraction will be no closer than 10,0± feet from any structure, easement or right-of-way, and no closer than 125.0± feet from the exterior of any residential structure not owned or controlled by the operator (refer to the Vicinity Map and IM4LR Exhibit C 2: Extraction Plan Map). This statement governs over any departure in graphical representation on a map, unless closer distances are approved with the owner of said structures to allow for the distance variations represented by the extraction limits shown. Varra Companies, Inc. Weld County USR 43 Parcel 122 — Resource Development Project June 2017 . The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow -accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. The location of the designated primary access road entrance from the northeast corner of the permit along the east permit boundary will tend to minimize impact to area residences. While existing agricultural access are preserved as secondary access for senior personnel and the landowners/users, all visitors and laborers will utilize the primary access. Parking will be commonly limited to the plant and stockpile area identified on ()MLR Exhibit C-2: Extraction Plan Map, except where internal operations are necessary to the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as necessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be available at the scalehouse. All Varra Company, Inc. personnel are encouraged to observe area speed limits in established company safety policy. Posted speed limits of lb mph will be evident along the primary access road, or as otherwise determined in cooperation with U.S. MSHA requirements. Minimum specification of access where they meet Weld County roads, as specified in Part 9, below, will be honored. 9. New accesses to public rights -of -way shall be constructed using the following as minimum standards: a. Size of drainage structure - twelve (12) inches in diameter. b. Length of drainage structure - twenty (20) feet. c. Depth of cover over pipe — twelve (1 2) inches. d. Width of access — fifteen (15) feet. Varra Companies, Inc. Weld County USR 44 Parcel 122 — Resource Development Project June 2017 Maximum grade of access - fifteen percent (15%). f, Flare radius - twenty (20) feet, g. Depth of surfacing - four (4) inches. Standards exceeding these minimums may be required depending on the type and volume of vehicles generated by the type of USE proposed. The above minimum standards will be applied as described, or as otherwise determined in cooperation with the Weld County Department of Road & Bridge, however, there are no new access to public rights -of -way under this application. There are existing points of internal access which will be upgraded to meet the needs of turning semi truck and trailer combinations and other heavy equipment transport to and from the project location. The primary access is shown on ()MLR Exhibit C-2: Extraction Plan Map, 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding uses. Buffering or SCREENING may be accomplished through a combination of terming, landscaping and fencing. General buffering or screening will not occur in this setting during the extraction process for all extraction activities. All planned activity is consistent with adjacent existing mining operations to the immediate west of the permit boundary. All lands re -affected by operations within the designated permit area remaining above the static water level of the basins, except where existing access roads, structures or other reasonable obstacles prevent it, will be vegetated with the approved grass mixture, as detailed under the ()MLR Permit Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table K-2: Optional/Default evegetation Seed Mixture. Any 80± decibels Cdb) source from support activities will be located 400,0± feet or greater from any existing residential structure not owned or controlled by the applicant, minimizing the effects of facility noise on area residents. At 400± feet or greater from a known source of 0± Varra Companies, Inc. Weld County USR 45 Parcel 122 — Resource Development Project June 2017 decibels (db), measured noise levels are at background residential, or 55± db. 11, Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. Some of the identified soils are Prime Irrigated Soils as designated on the U, S.D.A. Map titled, Important Farmlands of Weld County, Since extraction will result in basins reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved ()MLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring reve etat1on. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable and necessary for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on -site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23-2- 60, below. B. If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is approved, the Planning Commission shall arrange for the Department of Planning Services to record the appropriate Facilities Plan, Utility Line or Selected Route Map with the County Clerk and Recorder. (Weld County Codification Ordinance 2000-1) Varra Companies, Inc. Weld County USR 46 Parcel 122 — Resource Development Project June 2017 This section does not appear applicable to the planned project activities, Sec. 23-2-250. Operation Standards. An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the special eview Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, C.R.S. Any stationary 80± decibels Cdb) source from planned support activities will be located 400.0± feet or greater from any existing residential structure not owned or controlled by the applicant, minimizing the effects of facility noise on area residents. At 400± feet or greater from a known source of 80± decibels (db), measured noise levels are at background residential, or 55± db. By example: On 28 August 1998, using a hand held decibel meter, on loan from the Weld County Department of Health, noise levels were measured from plant/processing locations at two approved resource recovery locations located along St. Vrain Creek, Decibel readings were taken at 100 foot increments, commencing at ground zero where an El Jay cone crusher was operational as the principal noise source. Other background sources were operational as well, including several conveyors, screeners, and moving heavy equipment (both front end loaders and scrapers), Initial readings varied by 10.0± db. Average readings radiating from the principal source, beginning at ground zero, are as follows= Ground 0: 100,0± feet 200.0± feet C 300.0± feet @ 400.0± feet 0± db 70+ db 65± db ** 60± db 55± db Varra Companies, Inc. Weld County USR 47 Parcel 122 — Resource Development Project June 2017 Note: A 10± db drop was consistently recorded at the first 100.0± feet from ground zero. ** Note: With each 100.0± feet of distance from the source, decibel ✓ eadings dropped 5± db, beginning at a distance of 200.0± feet from the source. Average noise from a passing vehicles traveling on a paved segment of Weld County Road 13 at 55± mph, when measured 100± feet from the source, averaged 60± to 70± db, depending upon the size of the vehicle. The majority of area residences abut area roads and highways, therefore, the anticipated sound levels of any 80± db support activity is reasonably anticipated to be at or below 55+ db, the background noise already present for area residences. Again, to better assure tolerances are maintained, support equipment generating 0± db or greater will not be located closer than 400.0± feet from an adjacent ✓ esidential structure not owned or controlled by the operator. Combined with the muting effect of the mature vegetation surrounding the neighborhood and the inevitable product stockpiles surrounding the facilities, noise reaching area ✓ esidences should approximate 55± db or lower, with a tolerance of 10± db. B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. A Fugitive Dust Permit has been secured from the Colorado Department of Health. All permits will be maintained and updated in accordance with Colorado Department of Health requirements. Additional permits will be secured as necessary to maintain compliance with planned activities as they come on-line. C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. A Stormwater Management Plan is in place for this operation under an established Universal Stormwater Management Plan utilized for all Varra Companies, Inc. project operations, An approved stormwater permit has been secured from the Colorado Department of Health. Additional permits will be secured as necessary to maintain compliance with planned activities as they come on-line, Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 48 T, The USES S shall comply with the following lighting standards: 1. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS and no colored lights may be used which may be confused with or construed as traffic control devices. Appropriate measures will be taken to comply with this section. For example: should a procedure such as welding be required on open ground, the service vehicle will be placed in an attempt to shield light emanating from such activity from nearby residences or local traffic. Where and when fixed lighting is necessary for the safety of personnel or visitors, operational lighting will to the extent possible and allowed by other regulating agencies (e.g., U.S. lVI HA) be diffuse, deflected or otherwise directed away from area residences. Any 80± decibels (db) source from planned support activities will be located 400± feet or greater from any existing residential structure not owned or controlled by the applicant, minimizing the effects of facility lighting or noise on area residents or local traffic, All access into the property will intersect adjacent County roads perpendicularly. No colored lights will be used in a manner or proximity to County roads so as to be construed as a traffic control device. E. The USES shall not emit heat so as to raise the temperature of the air more than five degrees 52) Fahrenheit at or beyond the LOT line. There are no known uses planned under this submittal which would affect temperatures at or beyond the lot line. F. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS W EKU S. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 49 A complete and thorough weed management plan will be implemented, as detailed in OMLR Exhibit I,/J - Soils and Vegetation Information. The plan at a minimum conforms with this policy. G. Any off -site and on -site improvements agreement shall be made in conformance with the County policy on collateral for improvements. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-1) Acknowledged. Sec. 23-2-260. Application Requirements. A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: 1. A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. The project conforms with Section 22-5-80 of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The Cities of Firestone and Mead are expanding into the St, gain Creek valley with residential uses encroaching from the south, west, and north of the tributary. While residential homes, primarily along existing unpaved Weld County roads are bounded by significant open space, consistent with their A -Agricultural standing, planned and existing residential densities appear to increase approximately as little as a mile beyond the permit area to the south, and west and into the City of Firestone. Varra Companies, Inc. Weld County USR 50 Parcel 122 — Resource Development Project June 2017 The entire state of Colorado continues to be challenged by human migration into the state, and the resulting urban development is shaping State policies to enhance area infrastructure, including the enhancements of area roadways along and either side of Interstate 25 and Colorado Highway 85, for which this location is ideally situated to serve. With continued growth of human habitat and development, the products that serve the construction of this infrastructure come from the ground, The aggregate resource must be recovered before it is overtaken by ever expanding urban development, or it is lost. Now is the time and this is the geologically determined and economically feasible location from which the proposed extraction activity must occur. It is a fact that the economic vitality of the State of Colorado and that of Weld County are intricately dependent upon aggregate resources for every aspect of human habitat, transportation, energy development, and other vital infrastructure. For example; oil and gas activities could be impaired without a reliable supply of aggregate resources for their operations, facilities, and improvements necessary to access fields, create pads, and support their drilling locations. It all requires aggregate (sand, gravel, and other earth resources); whether taken from the natural state or processed into different essential products. The extraction of aggregate resource is in fact resource conservation, It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. It must be taken where it is found, but the result of that activity tends to lessen the future density of subsequent urban development and support that results from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure; all of which are the desired and unavoidable characteristics of a healthy economy and its attending society. Section 22-5- o of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending ()MLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be Yarn Companies, Inc. Weld County USR 51 Parcel 122 — Resource Development Project June 2017 accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. 2. A statement which explains that the proposal is consistent with the intent of the district in which the USE is located. The application is an allowable and complementary use within the Agricultural A District. Resource recovery simply cannot occur over lands developed with houses and other structures. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to any other development. This application assures the conservation of the underlying valuable aggregate deposit will occur in a manner that complements and enriches the surrounding community. Extraction produces more than aggregate, it provides for long term continuity and downstream wealth in the form of jobs for all those who utilize the products, it aids in the maintenance and necessary improvements of aggregate dependent infrastructure, and assures a ✓ evenue enue for state and county government and area school districts. Reclamation of extracted lands will result in the creation of water storage basins (Developed Water Resources) over the majority of the location, and a buffer to increasing urbanization of natural and agricultural lands. All lands affected above the anticipated final static water level of the ✓ eservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it. Other reasonable obstacles may be in the form of existing or continued agricultural uses, or a mixture of other approved uses such as light residential, commercial; and industrial. Unlike other urban uses that intrude upon the agricultural districts, extraction is fundamentally a transitional use that leaves the final land in a configuration that discourages the later development of high density urban uses such as residential land development. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence -works; the ✓ esults following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Yarn Companies, Inc. Weld County USR 52 Parcel 122 — Resource Development Project June 2017 The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking from other human development, including the creation of edge effect resulting from the reintroduction of native landscape and enhanced aquatic margins that will better complement and aid wildlife, to the benefit to, and visual enjoyment of, the surrounding community, The planned resource recovery activity is remote enough from existing, yet encroaching, residential subdivisions as to form a comparatively unobtrusive to those existing high -density populations. The projected scale of operations are compatible with area dairy and farm uses, yet do not intrude upon the level of background noise to existing local residences beyond that already experienced along area highways and roadways. The planned location of support activities into an existing hillside and away from area residences will further assure diminished impact from noise and related effects of planned operations. 3. A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USES. The genesis of the location is associated with the development of irrigation and the rise of sugar beet agriculture. Sugar beets were first grown in Colorado in 1869, one year before members of a joint-stock colonization company called the Union Colony of Colorado founded the City of Greeley. The Last Chance Ditch Company was formed in 1872, in tandem with topographic alterations to deliver the water to leveled landscapes, converting grasslands to crops. By 1879, the state's agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production, As Colorado's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899, Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. Yarn Companies, Inc. Weld County USR 53 Parcel 122 — Resource Development Project June 2017 Long before there were plans for extraction, significant land modification had occurred on and surrounding Parcel 122. By 1910, the Union Pacific Railroad began plans for a line to transport area beet production and coal. The railroad town of Gowanda was built that year, and in 1911, the Dent line was completed east of St. Vrain Creek and nearly a mile west of Parcel 122. severing the floodplain from the location. After the introduction of pivot irrigation, land modification accelerated, and lands to the immediate east, southeast, and south were leveled to provide a pathway for the pivot. Materials were likely borrowed from portions of Parcel 122, which also experienced land leveling and manipulation throughout the Twentieth Century. By this submittal, the owner proposes to alter these lands again, by similar land modification, for well established purposes of beneficial land use that further develops the attending water resources, while strengthening the area economy. All lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be ✓ eturned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other ✓ easonable obstacles prevent it. Under Title 34, the state of Colorado and Weld County require the ✓ emoval of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County zoning designation of the A -Agriculture zoned lands, which applies to the entire lands considered for active extraction under this application. While the existing agricultural lands will change into managed reservoirs, that change is essential since resource ✓ ecovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are historically and contemporaneously fully compatible with the surrounding lands. The planned activities over the formerly modified and cropped lands will return them to a desirable and valuable beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. Yarn Companies, Inc. Weld County USR 54 Parcel 122 — Resource Development Project June 2017 The location is flanked by properties in the A -Agriculture Zone. Agricultural lands flanking the west boundary are actively under e xtraction by our company, while immediately to the north along WCR 28 are lands permitted for extraction by another company♦ Extraction is present and on -going further to the north, and west to St. Vrain Creek. While two homes front the northern extraction limits, unless closer distances are agreed to, extraction limits are kept no closer than 12b feet from any residential structure. Since extraction will rapidly fall below e xisting ground, it will also gain distance from area residents as it moves south toward planned support area(s). This will serve to minimize noise from extraction equipment. Further, support areas near the extreme south and center of planned operations and the location is also designed to minimize any noise emanating from a stationary 80 decibel source which falls to background residential level (55 decibels) at 400 feet from the source. Correspondingly, no 80± db stationary support source will be closer than 400 feet to an existing area residence. Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within the plant site location(s) and where salvaged soil for reclamation is placed along perimeter segments above the extraction limits. Extraction will occur in the mineral reserve areas once they are no longer occupied by support activities and correlated stockpiles. Extracted, processed, or recycled material may also be transported by haul truck or e isting,future conveyor systems to our existing operations located to the west and north of the project area. . Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR) Exhibit C-2: Extraction Plan Map, the greater concentration of support activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by the area landscape and topography, including the open space and hillsides of the predominantly cropped agricultural fields and sinewy flanks of the flood plain escarpment. The Yarn Companies, Inc. Weld County USR 55 Parcel 122 — Resource Development Project June 2017 location is approached internally along its east boundary and away from high density residential areas and roadway. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence -works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. 1\4any extraction operations serve to increase wildlife diversity with time, with reclamation providing functional space that is otherwise crowded out by urban development that is so fundamentally and permanently destructive of wildlife and wildlife diversity. Hence the long term health of wild life is advanced by extraction and reclamation, providing critical corridors, habitat, and protection for diverse wildlife species that would otherwise be lost. Often, the post mine landscape offers an obvious enhancement that returns a diverse native cover of vegetation to an area formerly occupied by a monoculture of crops or worse, the useless array of bluegrass lawns that destroy any hope of benefit to wildlife or man, and increase the road kill from increased urban traffic that is so irresolutely devastating to area avifauna and terrestrial wildlife. The reclamation of extracted lands in fact often incorporates or introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better lend themselves to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. 4. A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as Yarn Companies, Inc. Weld County USR 56 Parcel 122 — Resource Development Project June 2017 projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. The project conforms with Section 22-5 0 of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development resulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Without aggregate, accommodating an expanding population is subordinated to maintaining the existing infrastructure which rapidly begins to fail, along with the economic base and downstream revenues that depend upon them. Imagine, Highways 85, 34, and I- 25 as dirt roads. Section 22-5- o of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding land uses and mixed zoning. Resource recovery simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the formerly modified and cropped landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents high density urban development, common to residential subdivision for example. Yarn Companies, Inc. Weld County USR 57 Parcel 122 — Resource Development Project June 2017 The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence -works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities, The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. Future Compatibility: The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the St. Vrain Creek watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on ()MLR Exhibit F: Reclamation Plan Map. 5. A statement which explains that the application complies with Article V of this Chapter if the proposal is located within any Overlay District Area identified by maps officially adopted by the COUNTY. The location is zoned A - Agriculture. The project location is outside any Weld County Overlay District. The location is outside of any known Yarn Companies, Inc. Weld County USR 58 Parcel 122 — Resource Development Project June 2017 geologic hazard. The location is not within the Weld County Airport 'Influence Zone. The project does not lie within the floodplain or any portion of the defined floodway of St. Vrain Creek. The Dent line of the Union Pacific Railroad, established in 1911, divorced the floodplain proper from St. Vramn Creek to the east of the remaining railroad bed. 6. A statement which explains that if the USE is proposed to b located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed USE. Some of the identified soils are Prime Irrigated Soils as designated on the U..D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved °MLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring revegetation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable and necessary for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on -site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23- 2-260, below. 7. A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 59 The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations is situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety of on -site personnel and visitors are managed under authority of the federal MSHA program, All planned e xtraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the State of Colorado Division of Reclamation Mining and Safety CCDRMS), Office of Mined Land Reclamation COMLRX Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation EOMLR] permit, and described in detail under ()MLR Exhibit E - Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are e ased by the location below and away from area residences and by the n atural topography broken by a varied vegetation and a vast spatial separation. The following general information shall be submitted: Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 60 1. Name, address and telephone number of the applicants. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 (303) 666-6 57 2. Name and address of the fee owners of the property proposed for the Use by Special Review if different from above, Varra Companies, s, Inc. 8120 Gage Street Frederick, Colorado 80516 (303) 666-6657 .. Legal description of the property under consideration. Please refer to ()MLR Exhibit A - Legal Description. 4. Total acreage of the parcel under consideration. The USR boundary comprises 156.78+ acres. Existing land USE of the parcel under consideration. The parcel is under the A -Agricultural Zone. Existing land USES of all properties ADJACENT to said parcel, Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 61 All properties referenced below are shown relative to the other on the included Vicinity Map. The Existing and Adjacent land Uses respective of the project location are as follows: NOTE: Yellow highlighted parcel or any utility (all non -highlighted) shown in the utility list is inside, adjacent to, or outside but within 200 feet from the parcel boundary; while a parcel number with no highlight is outside but within 500 feet of the parcel. Parcel number 096102000005 may include entities within 200-500 feet or greater from the parcel. This list may contain additional information on addresses or entities not on the official Weld County list, but such information is provided here to better assure full disclosure. Please refer to the Signed Affidavit of Interested Land Owners Surface Estate for the official true and accurate list directly taken as determined from the Weld County on-line GIS resource. Property Number Name & Address Use(s) 120932.101003 Pasquale Varra 8120 Gage Street Frederick, Colorado 80516 A - Agriculture S U P Extraction 120933200051 120933200048 120933200049 120933200050 120932101003 Van -a Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 A - Agriculture sup Extraction 120933000044 Paula J Burch -Perkins, and Robert J. Perkins 8234 County Road 28 Platteville, Colorado 80651-9117 A - Agriculture 120929100052 Jessie P. Cogburn P.C. Box 122 Mead, Colorado 80542-0122 A - Agriculture 120928000006 Ready Mixed Concrete Company 5775 Franklin Street Denver, Colorado 80216-1521 A - Agriculture SUP Extraction 120933000041 Mayer Family Farms, LLC 13895 County Road 21 Platteville, Colorado 80651-7929 A - Agriculture 120933000043 Milray Farm, LLC cio Robert A Sarchet A - Agriculture Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 62 325 Crestridge Lane Longmont, Colorado 80501-4731 120933000040 Linda K Dodero A- Agriculture 8407 County Road 26 Fort Lupton, Colorado 80621 120933000039 Steven James & Albert Louis McClay A- Agriculture 9173 Fort County Lupton, Road Colorado 26 80621 120933000041 A- Agriculture Mayer Family Farms LLC 13895 Platteville, County Road 21 Colorado 80651-7929 120933000043 Milray Farm LLC A- Agriculture cio Robert A. 325 Crestridge Sarchet Lane Longmont, Colorado 80501-4731 Present zone and overlay zones, if appropriate. The parcel is zoned A -Agriculture. The location is outside of any known geologic hazard. The location is not within the Weld County Airport `Influence Zone. The project does not lie within the floodplain or any portion of the defined floodway of St. Vrain Creek. The Dent line of the Union Pacific Railroad, established in 1911, divorced the floodplain from St, Vrain Creek to the east of the remaining railroad bed. The project is outside any Weld County Overlay District. 8. Signatures of the applicant and fee owners or their authorized legal agent. The required signatures are on the application form, and included as an addendum to this submittal. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 63 , A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder, If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (3.0) days of the application submission date. The required certified list is provided as an addendum to this submittal. 10. The written certification required by Section 24-65.5-1033, C.R.S,, if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S. The required certification is provided as an addendum to this submittal. 11. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the parcel area, The required certificate is provided as an addendum to this submittal. 12. Proposed LANDSCAPE plans. Consistent with ()MLR Exhibit E - Reclamation Plan, revegetation will occur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses; and will involve the application of the OMLR approved seed mixture detailed under ()MLR Varra Companies, Inc. Weld County USR 64 Parcel 122 — Resource Development Project June 2017 Permit Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit - Table E-2: Optional/Default Revegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form, function, and color, and are highly adaptable to the new soils. 13. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. Varra Companies, Inc. maintains ongoing communications with oil and gas producers associated with the subject property to assure the mutual interests and protection of our respective activities, facilities, and personnel. Varra Companies, Inc. manages all of its activities in conformance with existing oil and gas agreements with each individual producer and related agreed to set backs; and as otherwise supported by Stability Analysis determinations performed by AWES, LLC; Fort Collins, Colorado; consistent with Colorado Mined Land Reclamation Act, CURS. 34-32.5 115 (4) Ce); ()MLR Rule 6.4.19 Exhibit s; and correlated approved permit M2010-049. 14. The applicant shall submit signed copy of the notice of inquiry form demonstrating that the I. municipality does not wish to annex if required by the IA. Pending. 15. A proposed plan for installation of desired signs following the standards set forth in Chapter 23, Article IV, Division 2. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 65 Any signage used by the operation for purposes of on -site MSHA, or related operational signage will conform to all specifications set forth in Chapter 23, Article IV, Division 2 of the Weld County Code of Regulations, including all setback, height and size specifications where applicable. 16. A Certificate of Conveyances form provided by the Department of Planning Services and completed by a Title Insurance or Abstract Company. The required Certificate of Conveyances form as completed by a Title Insurance or Abstract Company is provided as an addendum to this submittal. D. A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 1. Type of USE for which the application is being made. The application requests approval of an allowed use for the extraction of a valuable mineral deposit located within the existing A -Agriculture lands to allow for the conservation of the underlying aggregate deposit. Reclamation will result in water storage basins over the majority of the location. Revegetation will occur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses; and will involve the application of the O114LR approved seed mixture detailed under OMLR Permit Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table E-2: Optional/Default Revegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form, function, and color, and are highly adaptable to the new soils. Varra Companies, Inc. Weld County USR 66 Parcel 122 — Resource Development Project June 2017 2. Proximity of the proposed USE to residential STRUCTURES. Please refer to the Vicinity Map and ()MLR Exhibit C - 2: Extraction Plan Map where the proximity of existing residential structures within one half mile of the project area are identified and shown to scale on an aerial photograph relative to the project boundary and planned extraction limits. While some homes front the northern extraction limits, those limits are kept no closer than 125 feet from residential structures. Noise from extraction activity will be further diminished as operations progress away from and below nearby residential structures would be background residential level. The 125 -foot buffer will be maintained between such equipment and neighboring homes. 3. The number of shifts to be worked and the maximum number of employees. Consistent with other approved Varra extraction operations; an average of ± employees (6-12_I at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs or emergencies that require night time work, which may require up to three shifts over a 24 hour period for the necessary or required duration of the project. Other users include approximately (Range 20 - 250+) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty-four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. Yarn Companies, Inc. Weld County USR 67 Parcel 122 — Resource Development Project June 2017 * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de mmmhtrhnnis number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld Co9unty Public Works for the duration of the temporary exceedance. 4. The maximum number of users, patrons, members, buyers or other visitors that the use by special review facility is designed to accommodate at any one (1) time. Please refer to Part 3, above. Types and maximum numbers of animals to be concentrated on the site at any one (1) time. No animal concentration applies to this operation, however, historic uses, including past agricultural uses for cattle, horses, or other livestock, are not intended to be surrendered by this transitional use. .. Types and numbers of operating and processing equipment to be utilized. Equipment may include, but is not limited to: • Attending screens, conveyors, and supporting electrical equipment and trailers; • Grader, scrapers, bulldozers, front-end loaders, haul trucks of various sizes and weights, and conveyor systems; • Scalehouse and scale; Varra Companies, Inc. Weld County USR 68 Parcel 122 — Resource Development Project June 2017 • Supporting facilities and trailers, including portable storage sheds and trailers. 7. Type, number and USES of the proposed STRUCTURES to be erected. All equipment and supporting structures planned for the operation at this time are temporary (e.g., scalehouse; aggregate and related equipment; control towers and power trailers, etc.) all of which are portable and will be transported to the designated support and stockpile areas identified in ()MLR Exhibit C-2: Extraction Plan Map as Mineral Reserve areas.. Any permanent non -portable structures will receive any necessary building permits from the Weld County Building Department prior to construction. 8. Type, size, weight and frequency of vehicular traffic and access routes that will be utilized. * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de rn nr mis number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld County Public Works for the duration of the temporary exceedance. Trucks may vary from pick-up size to small trailers for the general public, to 15 ton tandem or 25 ton semi commercial haulers with an anticipated average production departing the site of up to 5,000 tons per day and commonly 20 to 250 truck trips per day. Generally, vehicle weights will fall within 85,000_ pounds or less. Routes into and away from the property will access an existing agricultural access road that flanks the project location within and along the east parcel boundary. While existing agricultural access are preserved as secondary access for senior personnel and the landowners/users, all visitors and laborers will utilize the primary access. Yarn Companies, Inc. Weld County USR 69 Parcel 122 — Resource Development Project June 2017 The on -site access for haul roads, heavy equipment, conveyors, and general traffic flanks the perimeters of the respective basins as shown on OMLR Exhibit O-2: Extraction Plan Map. The location of the designated primary access road entrance was selected to minimize impact to area residences. From the location, traffic may follow \CR 28, 26, 24, 13, 19 or \VCR 17 to gain access to Colorado Highway 85 to the east, and U.S. Highway 66 to the north, or U.S. Interstate 25 to the west. On site parking will be commonly limited to the plant and stockpile area identified on OMLR Exhibit O-2: Extraction Plan Map, except where internal operations are necessary to the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as necessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be available at the scalehouse. All Varra Company, Inc. personnel are encouraged to observe area speed limits in established company safety policy, Posted speed limits of 1b mph will be evident along the primary access road, or as otherwise determined in cooperation with U.S. lVISHA requirements, Minimum specification of access where they meet Weld County roads, as specified in Part 9, below, will be honored. Domestic sewage facilities. While there are no existing sanitary facilities for the planned activities, prior to on -set of operations, the operator will provide two (2) commercially available port -o -lets, accessible to both employees and visitors. 10, Size of stockpile, storage or waste areas to be utilized. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 70 Please refer to ()MLR Exhibit C- 2: Extraction Plan Map for the location of the Plant and Stockpile Areas designated for the operations. Stockpiling may occur anywhere within the designated plant/stockpile location. Temporary stockpiles may occur anywhere within the extraction limits boundary. Height of deposit stockpiles will vary but average up to 100± feet. Soil stockpile height will also vary up to 100± feet when not comprised as part of the perimeter berm where heights will vary up to 5± feet. 11. Method and time schedule of removal or disposal of debris, JUNK and other wastes associated with the proposed USE. Debris or other unwanted material will not accumulate over the location for purposes of sanitation, safety, and general courtesy to our neighbors. All unwanted materials will be removed within 30 days of deposition to an appropriate land fill or other suitable location. Recyclable material will e ither be stockpiled and recycled on -site or transported to another permitted recycling location; or taken to an authorized land fill or other suitable location. Generally, all waste or recyclable materials will be centralized at the designated plant site location identified on OMLR Exhibit C-2: Extraction Plan Map; and will utilize appropriate containers, pallets, or be of a nature inert to the area environment and stable in its present condition of and method storage if stockpiled in a manner open to the e lements. 12. A time table showing the periods of time required for the construction of the operation. Please refer to ()MLR Exhibit D - Extraction Plan and Exhibit c- 2: Extraction Map. Within the permit boundary, there are four identifiable areas, the description of which will help to explain the nature of planned e xtraction and reclamation. Those identifiable areas are as follows: The 156.78± Acre permit boundary contains two areas of planned e xtraction bounded by extraction limits and identified as Tract A - West Yarn Companies, Inc. Weld County USR 71 Parcel 122 — Resource Development Project June 2017 Basin and Tract B - East Basin. Each area of planned extraction includes the following: 50,36± 46,13± 96.49± Acres of Planned Extraction - Tract A - 05-1 5± years, Acres of Planned Extraction - Tract B - 10-30+ years. Acres of Planned Extraction - TOTAL Of the remaining 60.29± acres of the permit boundary, 26.29± acres comprise existing and permanent access roads, irrigation laterals, operational support/mineral reserve areas, and setbacks or areas of pre- e xisting, minor, to no disturbance. The remainder includes a 10.00± acre Mineral Reserve Area (1) between Tracts A and B, and an additional 24.00± acre Mineral Reserve Area (2) to its south. Extraction will not occur within the Mineral Reserve Areas until and unless identified, detailed, and approval under a separate technical revision to the ()MLR permit. Until that time the Mineral Reserve Areas will be used to support operations and stockpiling of raw materials. A portable sc alehouse/off ice may also be located in the Mineral Reserve Areas. The actual location, extent, and facilities will be detailed and identified by location an extent in a later technical revision to the original approved permit. No on -site storage of fuels is planned as portable fuel (trucks) will service all heavy and correlated operational equipment, An e lectrical line serving operations is not shown on included maps as it is e stablished by the operator, temporary, and subject to relocation in cooperation with United Power Company, All other power and related overhead or buried lines are outside of the influence of extraction activity, or will otherwise be relocated in cooperation with their owners or other responsible parties where they conflict within the interior of planned e xtraction. Buried oil and gas lines are estimated, and extraction and offset of operations are approximate and will be determined in the field in cooperation with the Utility Notification Center of Colorado. It should be noted that a homestead and yard with outbuildings occupies 1.50± acres and acts to divide the north central permit boundary. The access road leading to the homestead has an active easement for operations which will be used as secondary access for light vehicles and e quipment. Immediately south of the residential yard, existing facilities prevent the area from being used other than as a storage or parking area for vehicles, equipment (including heavy equipment), supplies, or other operational support purposes. This location is fully disturbed by prior Varra Companies, Inc. Weld County USR 72 Parcel 122 — Resource Development Project June 2017 agricultural and landowner purposes. This may also include the placement or construction of storage structures and materials. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5.0±) years behind the onset of reclamation activities. Complete extraction of the permit area is presently expected to take approximately 25-30 years, depending upon market conditions, with an additional 5 years following completion of all e xtraction activities for ultimate completion of concurrent reclamation activities, placing the completion of all activities near 204b - 2050, depending upon the date of start-up. Approved reclamation for all open areas of extraction and disturbed land will be secured by an appropriate financial warranty as determined by the OMLR, and adjusted to cover circumstances as they occur over the life of the operation. Simultaneous extraction of both Tracts may occur. Simultaneous extraction will tend to accelerate the overall completion of e xtraction activities and final reclamation of the location, to the extent that it occurs. 13. Proposed LANDSCAPE plans. Consistent with ()MLR Exhibit E - Reclamation Plan, revegetation will o ccur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses; and will involve the application of the OI ILR approved seed mixture detailed under ()MLR Permit Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table E-2: Optional/Default Re vegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form, function, and color, and are highly adaptable to the new soils. 14. Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 73 Reclamation is concurrent with continuous resource recovery operations. Extraction activities will remove aggregate to a mean depth of 39.0± feet from the surface. Anomalous depths from 15.0± to 60.0± feet may occur. While extracted slopes may be temporarily 1.25H=1V, all final basin (reservoir) slopes will be established concurrently with extraction and will conform to ()MLR Rule 3.1.5(7), or flatter. The general direction of extraction activities over the diverse Fields is shown on ()MLR Exhibit C-2 - Extraction Map. Extraction will not occur within 125± feet of any residential structure. Extraction will occur to within 10.0± feet of the permit boundary, easements, right-of-ways, and non-residential structures; except that extraction activities will be limited to within 25.0± feet of well heads and facilities. Those same wellheads will be backfilled to create a 100 foot radius around the well head for future oil and gas activities at that well head. Fill will be placed concurrently with extraction around the well head and related facilities, to the extent practical. At all times, safety will take precedent. Because the project area may be fully affected, phasing does not adequately describe the extraction and reclamation potential of the permit area. Tracts are used, since each Tract can be accessed concurrently with the other, and per ()MLR Exhibit L - Reclamation Costs, accelerated e xtraction only serves to decrease the overall reclamation liability and accelerate final reclamation and site stabilization of the property as a whole. Therefore, any method that accelerates the above timetable, including concurrent reclamation ongoing within each field, will be utilized, based upon market conditions and the capacities of the operator. As indicated in OMLR Exhibit E - Reclamation Plan: As extraction progresses over planned areas of extraction; the resulting 1.25H: 1V slopes created during extraction will be concurrently modified by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with OLMR Rule 3.1.5(7). Lands above the anticipated static water level of the basins and within 10.0± feet below the anticipated final water level of the basins will be graded to3H:1V, or flatter. Naturally occurring slopes may exceed 2H: 1V where not otherwise affected by e xtraction activities and will not be altered as part of reclamation unless n ecessary to facilitate the reclamation of affected lands. Yarn Companies, Inc. Weld County USR 74 Parcel 122 — Resource Development Project June 2017 Backfill Notice is included with the MLR application as an Addendum at the back of OMLR Exhibit E - Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end -use potentials beyond reservoir storage, which may include residential, commercial or industrial structures or uses otherwise approved, now or in the future, by Weld County, Colorado. The extent and nature of the reservoir represents the maximum build -out respective of optimal extraction of commercial product and resulting final slopes. All affected lands above the anticipated high water mark of the reservoirs will be capped with a minimum of six (6.0±) inches of soil, as supported by ()MLR Exhibit I J - Soils and Vegetation Information. Timing and use of soil is detailed further under OMLR Exhibit I J - Soils and Vegetation Information and Exhibit L - Reclamation Costs. Where compacted lands e xist, and are to be revegetated, those locations will be ripped prior to re -soil application. There are no known areas of compaction at the time of this application which would require such activity; and ripping remains a contingency of the application. The final land configuration results in two reservoir basins totaling 89.37± surface acres (refer to °MLR Exhibit F: Reclamation Map). The balance of unoccupied affected lands above the anticipated final water level will be stabilized where necessary utilizing the approved MLR seed mixture, as detailed under ()MLR Permit Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E Table E-2: Optional/Default Revegetation Seed Mixture. Lands not otherwise occupied will be later developed to the highest possible end -use, and will likely comprise a mixed use which may include other agricultural uses as well as light residential, commercial or industrial uses. All reaffected lands remaining above the anticipated final water level of the ponds, and not otherwise occupied by existing or planned mixed uses, will be re -vegetated with the approved seed mixture(s) for general agriculture. To aid in the establishment and survival of the preferred species, a wheat x wheatgrass sterile hybrid will be combined with either applied mixture as a substitute for the use of mulch. Since the formerly cropped land is being replaced with predominantly native grasses, the target for release over the revegetated lands is based upon the e stablishment of a stabilizing cover whose foliar umbrella equals or e xceeds 25 percent of the total area of the ground as measured three Yarn Companies, Inc. Weld County USR 75 Parcel 122 — Resource Development Project June 2017 inches above the native soil on a square meter basis for typical areas of ✓ eclaimed cover achieved within five years subsequent to the completion of all extraction activities. Since the area of surrounding lands is a mix of these uses, the site end use will retain these potentials. Mixed use (s), other than Developed Water Resources will occur and may include, but are not limited to: the ✓ etention of existing structures as desired for continued agricultural, ✓ esidential, industrial, commercial, or other mixed use (as validated by any co -related and required Weld County Building Permits); the creation of unforeseen future structures, and for the use and development of on -site water resources. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5.o±) years behind the onset of reclamation activities. The rate of reclamation activity, including grading, soiling and revegetation will follow concurrently with extraction and the respective timetables identified for extraction under OMLR Exhibit D - Mining Plan. All timetables are contingent upon market conditions; therefore, a probable range of time is indicated. With extraction activities anticipated to take up to 30 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to 30-35± years, or the year 2045-2050, depending upon market demand. 15. A statement delineating the need for the proposed USE. With continued growth of human habitat, infrastructure, energy, commerce and related development, combined with existing maintenance needs in both urban and agricultural locations, the products that serve these needs comes from non-renewable aggregate resources found in unique and limited geological locations. This aggregate resource must be recovered in advance of other development or it is lost. Now is the time and this is the geologically derived and economically feasible location available for such use. The initial site selection is influenced by the logistics of diverse market, economic and geological considerations. For example, the site must be located in the target market which is limited both by the location of Yarn Companies, Inc. Weld County USR 76 Parcel 122 — Resource Development Project June 2017 ✓ ecoverable aggregate, the offer of lands with marketable aggregate within them, and a proper demographic that allows for the product to ✓ each markets based upon supply, demand, transportation distances and other economic considerations. Sociology, geography, and competition with other suppliers also influence these decisions. A source located in the foothills is not only highly difficult to obtain due to social resistance, it cannot compete for customers further out in the Great Plains where competitors with closer sources simply can out compete with lower bids due to lower transportation and production costs for customers nearer to them. Aggregate is a geologic deposit and it simply must be taken where it lies closest to the market need, as such lands are made available through the ✓ eal estate market for purchase. Additionally, the aggregate deposit must be viable for recovery. In other words, to justify the costs of recovery, the deposit must be large enough in volume by depth and extent to justify the effort. The deposit must also offer the quality and diversity of rock product that the local market demands. Once a site with suitable aggregate quality, volume and market potential is determined, the selection of a site is still influence by other factors that affect competition and viability of the location. Simply put, the site must be affordable, the deposit must be accessible, and the sociology (capacity to obtain permits, labor, equipment, etc.) suitable to allow for the extraction of the deposit to actually occur. These considerations not only determine how viable the resource is for recovery, it has a direct bearing on how expensive a highway segment, residential development, foundation or sidewalk will be. An abundance of aggregate supply in the near proximity of human development activity will make the development of the infrastructure of that community more affordable due to the market forces of supply and demand than it will be where the same material must be transported longer distances from more remote deposits. The more remote the source is from the target market, the greater the impact on transportation systems, fuel demand, as well as wear and replacement of vehicles and equipment. For these reasons, area impacts from a source increase radially and may be felt by communities that do not necessarily receive product but simply act as corridors for its movement to the demand locations. It is for this Yarn Companies, Inc. Weld County USR 77 Parcel 122 — Resource Development Project June 2017 ✓ eason that local deposits serving a more local market minimize both ✓ egional and cumulative impacts to area communities while best benefiting the economic interests of the local community nearest the source. Near or far, a source is always involved, and it is the demand that creates the n eed for the source. Another consideration is that extraction is unlike most other urban or rural activity. Extraction of aggregate resource is unique in that it is a transitional use of the land. Extraction is market driven by human population and demand in both rural and urban markets. The product must be extracted before any development can occur over the affected land, both legally, and practically. The demands on post extraction development are that the land be developed to the highest potential end use or uses. Planning for reclamation or restoration of the post extracted land often incorporates multiple end -uses involving a mixture of potentials for water ✓ esources, agricultural, residential, commercial or industrial development. The end -use reclamation must anticipate changes to the surrounding community 15 to 30 years between when a typical resource recovery operation begins and completes extraction and reclamation activities. The flexibility of multiple end -use planning helps capture the best complement of uses and values for the post extraction morphology and demographics. The demographics of a community are fluid, dynamic, yet commonly e videnced by increased human population and pressure on natural systems. In other words, the rural and native landscapes are transformed to the urban. Resource recovery operations typically exist at the cusp of this transformation. The resulting basins and altered but native alluvial landscapes serve to counter increased densities from the urban process, later viewed from higher ground nearby, often on a softwood deck pillared atop a bluegrass lawn. Another unique consideration in the recovery of aggregate is that it often o ccurs in alluvial areas where wetlands exist. Unlike the placement of a house, roadway, housing development, industrial or commercial sites and development, and utility or oil and gas facilities; aggregate must be ✓ emoved where it lies. The only choice once a deposit is determined to be viable is how to remove it respective of unremedial obstacles (obstacles that cannot be cost effectively removed, repaired or replaced without exceeding the value of the aggregate deposit underlying them). Yarn Companies, Inc. Weld County USR 78 Parcel 122 — Resource Development Project June 2017 Wetlands are considered by VOI as unremedial obstacles and to be avoided unless they can be mitigated under an approved plan, such as an U.S. Army Corps of Engineers Nationwide or Individual Permit. Even then, only when the wetland (often in part but not the whole) poses an obstacle that threatens the economic vitality of the operations, the end - use potentials hoped for, and can otherwise be successfully mitigated through the potentials of reclamation methods and practices will the challenge of extracting through a wetland be considered. Under this submittal, there are no planned impacts to wetlands. Neither can the act of removing the deposit and avoiding obstacles remain the first and last consideration. All lands affected by extraction must be reclaimed or restored to an acceptable end use or range of uses. Post extraction end use is ultimately determined by the same market factors and land potentials that influence all human influences on the land; working imaginatively with the character of the affected lands as characterized by the extraction activities. Extracted lands simply are not allowed, by law or practicality, to be simply abandoned in place subsequent to extraction activities. For this reason, once a site has been acquired for extraction, the least viable sites have already been considered and rejected; making the source site the preferred site because it meets the requirements of the local market (i.e., The site is near or within a viable local market with competitive elements of transportation, labor, equipment and other logistics - has a viable deposit that can justify the cost of acquisition, permitting, and establishment of infrastructure for extraction - and offers a good potential for post recovery development). More simply stated, the aggregate resource must be conserved and recovered prior to the development over such lands. Aggregate resources must be extracted where they occur, and most often benefit the communities and urban infrastructures most local to the planned operations. This is the requirement under Colorado Law under, Title 34. 16. A description of the proposed fire protection measures. Yarn Companies, Inc. Weld County USR 79 Parcel 122 — Resource Development Project June 2017 scalehouse, or any attending structures, will be provided with fire alarms and extinguishers. Heavy equipment is provided with fire extinguishers to the extent required by MSHA or the local fire district. Our existing extraction operations to the immediate east, Weld County Road 28 to the north, and combined with on -site haul roads along the basin perimeters, and irrigation ditch works that presently surround the property; function as fire breaks in the event of any potential grass fire. In general, the nature of the planned extraction activity will tend to reduce the potential for wildfire over the existing property by the removal of live plants and dead litter. Personnel are also trained under federal I\/ISHA requirements in fire safety. 17. Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. Acknowledged. D. Special Review Permit Plan Map. 1. The map shall be delineated on reproducible material approved by the Department of Planning Services. 2. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. 3. The Special Review Permit Plan Map shall include certificates for the property owner's signature, the Planning Commission, the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. 4. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. a. The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or at another suitable scale if approved by the Department of Planning services.. b. The vicinity map shall delineate all of the required information within a one-half (1) mile radius of the property proposed for the U s e by Special Review. Varra Companies, Inc. Weld County USR 80 Parcel 122 — Resource Development Project June 2017 The following information shall be shown on the vicinity map: 1) Section, township and range, 2) Scale and north arrow. 3) Outline of the perimeter of the parcel proposed for the Use by Special Review. 4) The general classifications and distribution of soils over the parcel under consideration, soil classification names and agricultural capability classifications must be noted in the legend. 5) Locations and names of all roads, irrigation ditches and water features, 6) Location of all residences within a one -half -mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting subdivision outlines and names, and the boundaries of any ADJACENT municipality. 7) Any other relevant information within a one -half -mile distance of the perimeter property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter, 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the special Review Permit Plan Map. a. The scale of the plot plan shall be one inch Cl") equals one hundred feet (100) or at another suitable scale if approved b3/ the Department of Planning services. b. he plot plan shall outline the Boundaries of the parcel being considered for the Use by Special Review. c, The plot plan shall include the location and identification of all of the following items which exist within a two -hundred -foot radius of the boundaries of the Use by Special Review area, as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) All public rights -of -way of record (including names). 2) All existing and proposed STRI_ TCTURE . 3) All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines, 4) Irrigation ditches, 5) Adjacent property lines and respective owners' names (may be shown on vicinity map instead) . Varra Companies, Inc. Weld County USR 81 Parcel 122 — Resource Development Project June 2017 6) All hydrographic features including streams, rivers, ponds and reservoirs (including names). 7) Topography at two -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the USES and associated STRUCTURES proposed for the parcel. 9) Location and design of star water management devices or STRUCTURES. 10) Complete traffic circulation and parking plan showing locations and sizes. 11) Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING. 12) Location of any flood hazard, GEOLOGIC HAZARD or mineral resource areas. 13) The location of any sign requiring zoning approval. Distances from property lines shall be indicated. 14) Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the card of County Commissioners in order to determine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. Where an authorized legal agent signs the application for the fee owners, a letter granting power of attorney to the agent from the owners must be provided. 2. Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e.g., a well permit or letter from a water district).. 3. Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. Varra Companies, Inc. Weld County USR 82 Parcel 122 — Resource Development Project June 2017 4. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard, 5• A soil report of the site prepared by the Natural Resource Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. 6. If applicable, an Improvements Agreement executed by the applicant. This agreement shall be in accordance with the County policy and documents for collateral for improvements. 7. For a RESIDKNTIAL THERAPEUTIC CE TER, submittal of a report demonstrating the need for the facility; data about the background, experience and financial capacity of the proposed operator; applicable licenses; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility. The County may waive or modify these requirements, particularly if there is a risk of harm to the future occupants (e.g., case of a domestic violence shelter). F. Photo Mechanical Transfer PMT), if required. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2011-3) Acknowledged. Sec. 23-2 - 270. Development Standards. An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the County. The DEVELOPMENT ST .NDA '..DS shall be placed on the special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express Varra Companies, Inc. Weld County USR 83 Parcel 122 — Resource Development Project June 2017 prior agreement of the applicant, The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 20018) - Varra Companies, Inc. Weld County USR Parcel 122 — Resource Development Project June 2017 Division 4 Open Mining Sec, 23-4-250. Purpose. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a ylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be ✓ ecorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the ✓ equirements of Section 23-4-270 of this Code. The Mylar plat and additional ✓ equirements shall be recorded within one hundred twenty (1 20) days from the date of the Board of County Commissioners resolution. The applicant shall be ✓ esponsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (SR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review CUR}. (Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2010-6 Weld County Code Ordinance 2012- ) Acknowledged, Sec. 23-4-260. Application. Any operator desiring such a permit shall file an application in such form as prescribed by the Planning Commission. The application shall contain the following information: A. A complete and accurate legal description of the property for which the application is made. Varra Companies, Inc. Weld County USR 85 Parcel 122 — Resource Development Project June 2017 Please refer to ()MLR Exhibit . - Legal Description and Map. The fee owners of the surface of the area to be mined. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 C. The fee owners of the substance to be mined. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 8051e D. The source of the applicant's legal rights to enter and to mine on the land affected by the permit. Please refer to ()MLR Exhibit N - Source of Legal Right to Enter. A copy of the Deed is also included with the Weld County USR application submittal. E. The address of the general OFFICE and the local address or addresses of the applicant. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 F. Whether the applicant or any affiliated person holds or has held any other permits for open cut mining and an identification of such permits. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 86 Weld County Construction Materials Extraction Operations: Dakolios Project OMLR Permit M1984 036 Weld County SUP # 616 Von Ohlen Project ()MLR Permit M1989 128 Weld County SUP # 907 Firestone Project ()MLR Permit M1984 079 Firestone Annexation - Weld County SUP # 627 Kurtz Project o114LR Permit M1999-006 Weld County SUP # 1219 MU R11-001 Durham Project ()MLR Permit M1978-056 Weld County SUP # 345 Heintzelman Project ()MLR Permit M2009-018 Weld County Firestone Annexation - Res, # 10-10 Western Sugar Project ()MLR Permit M2010-049 Weld County USR # 1760. Coulson Project OMLR Permit M2013-0 4 Weld County USR # 14-0023 G. A detailed description of the method of operation. Such description shall include: 1. The types and numbers of operation and processing equipment to be employed. The operation involves the surface extraction of aggregate. Surface soil is removed from the underlying deposit. Soil in excess of that required for reclamation is considered a resource. Extraction if typically over the shoulder removal of the deposit utilizing (but not limited to) bulldozers, scrapers, front end loaders, and excavators. Extracted materials are typically transported by haul truck or conveyor to a designated plant area for processing (e.g., our Kurtz or Heintzelman operations, since no processing is designated at this location). Operations require the flexibility of bringing to the designated Mineral Reserve support areas (refer to OMLR Exhibit C-2: Extraction Plan Map) portable and temporary equipment, including a scale, scalehouse, and related equipment, All planned equipment is temporary and portable. A building permit approved by the Weld County Building Department will be secured prior to the construction of any permanent structures within the permit area, 2, The number of shifts to be worked and the maximum number of employees. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 87 Consistent with other approved Varra extraction operations; an average of ± employees (6-12_I at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs or emergencies that require night time work, which may require up to three shifts over a 24 hour period for the necessary or required duration of the project. Other users include approximately (Range 20 - 250+) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, ✓ esidential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty-four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers ✓ epresented are estimates that will vary by circumstances and market conditions prevalent at the time. * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de minimis number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld County Public Works for the duration of the temporary exceedance. 3. Whether the operation will involve a wet or dry pit. The operator requires discharge of groundwater to gain access to the necessary product in the most economically viable means possible. The pit will be maintained dry until such a time as extraction and basin slope ✓ eclamation and resoiling are completed for each Field of the project. Extraction activities will continue to remove aggregate Extraction activities will remove aggregate to a mean depth of 3.0± feet from the Varra Companies, Inc. Weld County USR 88 Parcel 122 — Resource Development Project June 2017 surface. Anomalous depths from 15.0± to 60.0± feet or greater may occur. Since anomalous depths greater than 39± feet may occur, any extraction deeper than 39± feet in depth, may be extracted either dry, or wet. If extracted wet, a dredge may be utilized for the removal. 4.. COUNTY roads and bridges to be utilized. * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de . lhlflrfflls number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld Co9unty Public Works for the duration of the temporary exceedance. Otherwise, the location of the designated primary access road entrance was selected to minimize impact to area residences. From the location, traffic may follow WCR 28, 26, 24, 13, 19 or WCR 17 to gain access to Colorado Highway 85 to the east, and L.T.S. Highway 66 to the north, or U.S. Interstate 25 to the west. •. The size of the area and stages to be worked at any one time. Please refer to Parts 6, 7, and 8, below. The stages and areas to be worked are further identified as Tracts in the ()MLR Exhibit D Extraction Plan and Exhibit C-2: Extraction Map. While both Tracts can be worked simultaneously, the rate, direction, and order of extraction will be determined by the strategies outlined in the extraction and reclamation plan exhibits, and by prevailing market conditions. A timetable giving the periods of time which will be required for the various stages of the operation. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 89 Please refer to ()MLR Exhibit D - Extraction Plan and Exhibit C- 2= Extraction Map. Within the permit boundary, there are four identifiable areas, the description of which will help to explain the nature of planned extraction and reclamation. Those identifiable areas are as follows: The timetable for extraction, commencing approximately fall to winter 2013-14; is estimated to take 25± years for the entire tract combined followed by an additional five years to complete reclamation; or a total estimated life of the mine of 30± years; ending approximately winter 2043-44, depending upon market demand. Approved reclamation for all open areas of extraction and disturbed land will be secured by an appropriate financial warranty as determined by the ()MLR, and adjusted to cover circumstances as they occur over the life of the operation. Simultaneous extraction will tend to accelerate the overall completion of extraction activities and final reclamation of the location, to the extent that it occurs. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C- 2 Extraction Map. Extraction activities will remove aggregate to a mean depth of 39.0± feet from the surface. Anomalous depths from 15.0+ to 60.0+ feet or greater may occur. The location has no overburden. 8. The proposed use of reclaimed lands and an explanation of the reclamation process, Reclamation is concurrent with continuous resource recovery operations. Extraction activities will remove aggregate to a mean depth of 39.0± feet from the surface. Anomalous depths from 15.0± to 60.0± feet may occur. While extracted slopes may be temporarily 1.25H=1V, all final basin (reservoir) slopes will be established concurrently with extraction and will conform to ()MLR Rule 3.1.5(7), or flatter. Yarn Companies, Inc. Weld County USR 90 Parcel 122 — Resource Development Project June 2017 The general direction of extraction activities over the diverse Fields is shown on ()MLR Exhibit C-2 - Extraction Map. Extraction will not occur within 125± feet of any residential structure. Extraction will occur to within 10.0± feet of the permit boundary, easements, right-of-ways, and non-residential structures; except that extraction activities will be limited to within 25.0± feet of well heads and facilities. Those same wellheads will be backfilled to create a 100 foot radius around the well head for future oil and gas activities at that well head. Fill will be placed concurrently with extraction around the well head and related facilities, to the extent practical. At all times, safety will take precedent. Because the project area may be fully affected, phasing does not adequately describe the extraction and reclamation potential of the permit area. Tracts are used, since each Tract can be accessed concurrently with the other, and per OMLR Exhibit L - Reclamation Costs, accelerated e xtraction only serves to decrease the overall reclamation liability and accelerate final reclamation and site stabilization of the property as a whole. Therefore, any method that accelerates the above timetable, including concurrent reclamation ongoing within each field, will be utilized, based upon market conditions and the capacities of the operator. As indicated in OIVILR Exhibit E - Reclamation Plan: As extraction progresses over planned areas of extraction; the resulting 1.25H:1V slopes created during extraction will be concurrently modified by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with OLMR Rule 3.1.5(7). Lands above the anticipated static water level of the basins and within 10.0± feet below the anticipated final water level of the basins will be graded to 3H:1V, or flatter. Naturally occurring slopes may exceed 2H:1V where not otherwise affected by e xtraction activities and will not be altered as part of reclamation unless n ecessary to facilitate the reclamation of affected lands. A Backfill Notice is included with the MLR application as an Addendum at the back of OMLR Exhibit E - Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end -use potentials beyond reservoir storage, which may include residential, commercial or industrial structures or uses otherwise approved, now or in the future, by Weld County, Colorado. The extent and nature of the reservoir represents the maximum build -out respective of optimal extraction of commercial product and resulting final slopes. Yarn Companies, Inc. Weld County USR 91 Parcel 122 — Resource Development Project June 2017 All affected lands above the anticipated high water mark of the reservoirs will be capped with a minimum of six (6.0±) inches of soil, as supported by ()MLR Exhibit I car J — Soils and Vegetation Information. Timing and use of soil is detailed further under OIVILR Exhibit I 87. J - Soils and Vegetation Information and Exhibit L - Reclamation Costs. Where compacted lands e xist, and are to be revegetated, those locations will be ripped prior to ✓ e -soil application. There are no known areas of compaction at the time of this application which would require such activity; and ripping remains a contingency of the application. The final land configuration results in two reservoir basins totaling 89.37+ surface acres (refer to OMLR Exhibit F: Reclamation Map). The balance of unoccupied affected lands above the anticipated final water level will be stabilized where necessary utilizing the approved OMLR seed mixture, as detailed under OMLR Permit Exhibit E - Table E-1- Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table E-2: Optional/Default Revegetation Seed Mixture. Lands not otherwise occupied will be later developed to the highest possible end -use, and will likely comprise a mixed use which may include other agricultural uses as well as light residential, commercial or industrial uses. All reaffected lands remaining above the anticipated final water level of the ponds, and not otherwise occupied by existing or planned mixed uses, will be re -vegetated with the approved seed mixture(s) for general agriculture. To aid in the establishment and survival of the preferred species, a wheat x wheatgrass sterile hybrid will be combined with either applied mixture as a substitute for the use of mulch. Since the formerly cropped land is being replaced with predominantly native grasses, the target for release over the revegetated lands is based upon the e stablishment of a stabilizing cover whose foliar umbrella equals or e xceeds 25 percent of the total area of the ground as measured three inches above the native soil on a square meter basis for typical areas of ✓ eclaimed cover achieved within five years subsequent to the completion of all extraction activities. Since the area of surrounding lands is a mix of these uses, the site end use will retain these potentials. Mixed use (s), other than Developed Water Resources will occur and may include, but are not limited to: the ✓ etention of existing structures as desired for continued agricultural, Yarn Companies, Inc. Weld County USR 92 Parcel 122 — Resource Development Project June 2017 residential, industrial, commercial, or other mixed use (as validated by any co -related and required Weld County Building Permits); the creation of unforeseen future structures, and for the use and development of on site water resources. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5.o±) years behind the onset of reclamation activities. The rate of reclamation activity, including grading, soiling and revegetation will follow concurrently with extraction and the respective timetables identified for extraction under ()MLR Exhibit D - Mining Plan. All timetables are contingent upon market conditions; therefore, a probable range of time is indicated. With extraction activities anticipated to take up to 30 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to 30-35± years, or the year 2045-2050, depending upon market demand. 9. The source of technical advice in that type of reclamation for the proposed MINING. Varra Companies, Inc. (Christopher L. Varra, President) in cooperation with: Garrett C. Varra, Vice President of Operations (Varna Companies, Inc.) Brad Jones, Civil Engineer (Varra Companies, Inc.) Joby Adams, Hydrogeologist (AWES, LLC.); Cheryl Signs, Water Engineer (Cheryl Signs Engineering); Jay Davenport, Geological Engineer Curtis Hoos, PLS (American West Land Surveyors); and, Bradford Janes, Professional Forester (Varra Companies, Inc.) 10. If Applicable, for MINING that includes the recovery of the resources by processing on -site; i.e., in -situ MINING. The applicant shall provide to the Department of Planning Services evidence of compliance with all state and federal regulatory agencies which may have a permitting interest in the extraction of the mineral resource, including, at a minimum, written evidence that the appropriate permit has been approved and granted by each regulatory agency. Varra Companies, Inc. Weld County USR 93 Parcel 122 — Resource Development Project June 2017 Acknowledged. 11. Any other information determined to be necessary by the toard of County Commissioners to insure the protection of the health, safety and welfare of the inhabitants of the County. Please refer to OMLR Exhibit WI - Other Permits and Licenses. 12. The. applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. Varra Companies, Inc. maintains ongoing communications with oil and gas producers associated with the subject property to assure the mutual interests and protection of our respective activities, facilities, and personnel. Varra Companies, Inc. manages all of its activities in conformance with existing oil and gas agreements with each individual producer and related agreed to set backs; and as otherwise supported by Stability Analysis determinations performed by AWES, LLC., Fort Collins, Colorado; consistent with Colorado Mined Land Reclamation Act, CURS. 34-32.5 115 (4) (e); OIMILR Rule 6.4.19 Exhibit 5; and correlated approved permit M2010-049. 13. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant Varra Companies, Inc. Weld County USR 94 Parcel 122 — Resource Development Project June 2017 shall present evidence that an adequate attempt to reach such agreement has been made. N/A. 14. The application should address the following items: a, Water Consumption: 1) An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out. As detailed in ()MLR Exhibit G - Water Information, the three components of the project water requirements are water removed with the product, dust control, and evaporation from exposed ground water, Dust will be controlled using truck sprinklers, and the estimated frequency is one load per day. At 3,000 gallons of truck capacity, the annual demand is 3.36 acre-feet, After the water table is encountered, the water removed with the estimated 800,000 tons of product is 23.55 acre-feet per year. The estimated net evaporation is 2.76 feet per year, At the maximum, potentially exposed ground water of 96_ acres, the annual evaporation is 263_ acre- feet. Following extraction, if the extracted basins are lined as planned; the ultimate water demand will be zero, 2) The analysis should address the amount of water consumed in the MINING and processing of the material, including dust suppression. Water consumed by operations is addressed in Part 3 of ()MLR Exhibit G: Water Information, and iterated in part in 13,a.1, above. Water consumed for processing is unlikely since the establishment of plant facilities are not planned under this submittal. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 95 3) The analysis should address the issue of water consumed for domestic purposes by onsite staff. Water consumed for domestic purposes will utilize water bottles or other containerized water transported to the site or otherwise supplied by the local water district and is, therefore, not included in this water analysis. 4) The analysis should address the issue of evaporative losses consumed from exposed groundwater, including a discussion of the feasibility of lining. The annual evaporation as estimated by the National Weather Service in its "Evaporation Atlas for the Contiguous 48 United States" (Technical Report NWS 33) totals 42.12± inches per year. This is reduced by the effective precipitation as an estimate of the native vegetative credit. According to the Colorado Division of Water Resources, Office of the State Engineer COSE) guidelines, the effective precipitation is seventy (70) percent of the total precipitation. The total precipitation reported for the Longmont station was 14.27+ inches per year. The effective precipitation deduction from the total evaporation is the net evaporation of 32.13± inches per year. Applying net evaporation to a potentially exposed area of 96± acres, results in an estimated potential net evaporation of 263+ acre-feet per year. The reclamation plans are to line the basins. When the lining occurs, the evaporation losses would no longer directly deplete the stream system. Until lining is completed under the authority of the OSE, Varra Companies, Inc. has sufficient water resources to augment for evaporative loss. The Parcel 122 (a.k.a,. Bearson) pit was decreed in Case No. 03CW306. A copy of that decree is provided with this submission. The Parcel 122 (a.k.a, Bearson) pit can be found on page 9 in item 16.a. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 20►17 96 b. Water Replacement Source: 1) A description of the surface and well water rights and its anticipated yield, when converted, to be used as replacement for the water consumed in the MINING operation. Water available for supply are from six sources: seven shares of the Greeley Irrigation Company, Hayseed Ditch as decreed in Case No. 90O,V174, four shares of the Rural Ditch Company as decreed in Case No. 03CW306, five shares of Last Chance Ditch Company, 25.0 shares of Godding Ditch Company, and water decreed in Case No. 01CW274. From April through October, water use at the site will be replaced to the stream system using the historical consumptive use credits from the necessary sources and/or from storage. 2) Projections as to the timing of replacements to the river system from these sources. The replacement to the river system from these sources will be made directly during the historical irrigation season. The non -irrigation season replacements will be made from water stored in lined facilities. The stored water will accrue from excess senior credits available during the irrigation season and from junior appropriations. The decree in Case No. 01CW274 allows storage of junior water. The excess credits from Rural Ditch are stored under Case No. 03CW306, Last Chance Ditch water is stored under the approved SWSP Use of the lined facilities known as the Firestone Project (Facility 112), Kurtz Resources Recovery Project (Facility 115), Von Ohlen, and Dakolios were decreed in Case No. 01CW274. Additional information may be found in Part 4 of OMLR Exhibit G: Water Information. 3) A description of methods proposed to monitor, prevent and mitigate against direct injury to users for wells in the Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR June 2017 97 vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts, (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14) The State Engineer's procedure for permitting the gravel operation well includes notification of well owners located within 600 feet of the proposed gravel operation. These owners can either sign a waiver indicating their approval of the operation or request a hearing before the State Engineer. Based on the waivers or the evidence presented at the hearing, the State Engineer will either approve the permit with appropriate terms and conditions or deny the well permit. The approved permit is submitted with this request. Sec. 23-4-2 70. Drawing Requirements. All applications shall be accompanied by the following maps which shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services in the following size: twenty-four (24) inches by thirty-six (36) inches, The maps shall be prepared and certification made as to their accuracy by a registered professional engineer licensed to do such work by the State. A Vicinity Map and Extraction Plan Map (OMLR Exhibit C- 2: Kxtraction Plan Map), are provided with the submittal in conformance with Section 23-4-270, Parts A and B, below. A, Vicinity Map, The vicinity map shall be prepared at a one inch (1) equals six hundred (600) feet scale and show the following information within a distance of one-half GI) mile of the proposed operation. 1, Perimeter outline of the parcels of land to be involved in the operation. 2. ADJACENT MINING operations. 3. Fee owners of ADJACENT surface lands. 4, All residences within one-half a) mile of the proposed operation. Varra Companies, Inc. Weld County USR 98 Parcel 122 — Resource Development Project June 2017 5, The name and location of all roads, bridges, irrigation ditches, oil and gas wells and lines, utility lines and streams or other bodies of water within the scope of the map. 6. The general type, thickness and distribution of soil over the parcel under consideration. Soil types shall be noted in the legend and include their suitability for agricultural USE, as well as USES proposed in the reclamation plan. , section, township and range. . Accesses to area. 9. Title, scale and north arrow. 10, Date with revision dates if applicable. B. Extraction Plan Map. The Extraction Plan Map shall be prepared at a one (1) inch equals one hundred (100) feet scale and shall include the parcel in question, as well as features within five hundred (500) feet of the parcel boundaries. The scale of the map may be reduced to one Cl) inch equals two hundred (200) feet or one (1) inch equals three hundred (300) feet upon approval by the Department of Planning Services. The Kxtraction Plan Map shall display the following information: 1, A plot plan of the property for which application is made. The plot plan shall delineate the boundary lines of the Special Review Permit area. 2. The topography of the area at five-foot contour intervals or at intervals as determined by the Board of County Commissioners. 3. The name and location of all streams, including normally dry streams, ponds or other bodies of water, existing and proposed STRUCTURES and LANDSCAPE features. 4. The size and location of proposed pit areas. 5, The phases of the operation. The legend will include the time required for each phase of the operation. 6. The location of all proposed operating STRUCTURES, parking areas, ingress and egress, stockpile areas and circulation routes. The general location of equipment which will be moved as operations proceed, such as portable crushing and screening plants, shall be located on the map. 7. The legend shall include a complete and accurate legal description as prescribed by the application form. The description shall include the total acreage of the parcel. 8. Certificates: certificate of responsibility; Planning Commission certificate; certificate of approval by the Board of County Commissioners. Varra Companies, Inc. Weld County USR 99 Parcel 122 — Resource Development Project June 2017 . Title, scale and north arrow. 10, Date and revision dates if applicable. 11. Extraction Standards. 12. Such additional information as may be required by the Board of county Commissioners to satisfactorily explain the general requirements for the type of operation anticipated. (Weld County Codification Ordinance 2000-1) Acknowledged. Sec, 23-4 280. Supporting Documents. The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Commissioners for the protection of the health, safety and welfare of the inhabitants of the County. A. The applicant shall submit a copy of those Reclamation Plans submitted to the state of Colorado Mined Land Reclamation Hoard. The Reclamation Plans must include a map showing property boundaries, topography, bodies of water and access. Acknowledged and provided for under OMLR Exhibit E - Reclamation Plan, and Exhibit F - Reclamation Plan Map; and related exhibits. B. Plans for obtaining water supplies to replace water consumed by mining and processing of the material, including dust control, consumed for domestic purposes by employees, and consumed by evaporative losses from exposed groundwater.. Please refer to information provided by Cheryl Signs Engineering under OMLR Exhibit G - Water Information; Sec. 23-4-260 (13), and The Water Supply Information Sheet as provided to fulfill Sec. 30- 28-133 Cd), C.R.S. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 100 June 2017 C. Crosssectionsof drainage STRUCTURES (culverts for access to COUNTY roads, interior haul roads crossing of ponding or stream channeling). The primary access road is shown on OMLR Exhibit C-2: Extraction Plan Map. All access is existing. Typical cross -sections of access roads are 30 feet wide with an estimated six inch surface of gravel with bladed roadside drainage approximately six inches below the road surface. D. Profile and typical cross-section of haul roads. (Weld County Cod Ordinance 2003-10) Sec. 23- The primary haul road and area access roads are similar in design, purpose and intent. . Typical cross -sections of all internal roads are 30 feet wide with an estimated six inch surface of gravel with bladed roadside drainage approximately six inches below the road surface. The primary access road is shown on OMLR Exhibit C-2: Extraction Plan Map. E. An applicant for in -situ solution mining shall submit written evidence of approval for all federal and state regulatory agencies. (Weld County code Ordinance 2003-10; Weld County Code Ordinance 2007-14) Not Applicable. 4-290. Operations Policies. The policies outlined below represent a minimum model for operations standards for the proposed USE. Stricter standards may be imposed by the Board of County Commissioners during the review process to ensure the protection of the health, safety and welfare of the inhabitants of the County. A. I\ o excavation or processing of sand and gravel shall be permitted nearer than ten (10) feet to the boundary of ADJACENT property, easement or irrigation ditch or right-of-way, nor nearer than one hundred twenty-five (125) Varra Companies, Inc. Weld County USR 101 Parcel 122 — Resource Development Project June 2017 feet to any existing residence, unless by written agreement the owners of such ADJACENT property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in its opinion, it is justified. Acknowledged and provided for. Please refer to OMLR Exhibit C- 2: Extraction Plan Map, B. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive OFFICES or repair facilities located on the property. Consistent with other approved Varra extraction operations; an average of 9+ e mployees (6-12_I at any one time) will work commonly in 8 to 12 hour shifts, e xcept for those government jobs or emergencies that require night time work, which may require up to three shifts over a 24 hour period for the necessary or required duration of the project.. Other users include approximately (Range 20 - 250 I) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty-four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected n eed; or otherwise for emergency, contract, or exceptional circumstances e xceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de 1771.1711/221.5" number, Varra Varra Companies, Inc. Weld County USR 102 Parcel 122 — Resource Development Project June 2017 Companies, will coordinate necessary maintenance of affected roadways with Weld county Public Works for the duration of the temporary exceedance. C. Weeds and any other unsightly or NOXIOUS W KK _ s shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. A complete and thorough weed management plan will be implemented, as detailed in OIILR Exhibit I/J - Soils and Vegetation Information, The plan at a minimum conforms with this policy. D. Existing trees and ground cover along PLBLIC road frontage and drainage ways shall be preserved, maintained and supplemented if necessary, for the depth of the SETBACK in order to protect against and reduce noise, dust and erosion. Existing trees and ground cover along public road frontage and drainage ways will be preserved, maintained, and supplemented where necessary to aid in the stability of perimeter lands and minimize operational impacts. The concurrent establishment of a perimeter berm of soil of varying width up to five (5.0_I ) feet in height will, at a minimum, flank significant portions of the perimeters of each field of extracted and reclaimed land, thereby adding to the depth of the setback. While the berm width will vary, it will fit within the ten (10.0±) foot buffer between the permit boundary and any planned extraction, and if wider, will extend into the basin area conforming to 3H:1V minimum outslopes. 1{f. Insofar as practicable, all means of access to the property from any STREET shall be located and designated as to avoid the routing of vehicles to and from the property over STREETS that primarily serve residential DE KLOPMENT. Acknowledged. The location of the designated primary access road entrance on IVCR 28 and along the east boundary of the project area will tend to Varra Companies, Inc. Weld County USR 103 Parcel 122 — Resource Development Project June 2017 minimize impact to area residences. While existing agricultural access are preserved as secondary access for senior personnel and the landowners/users, all visitors and laborers will utilize the primary access. Parking will be commonly limited to the plant and stockpile area identified on ()MLR Exhibit C- 2: Extraction Plan Map, except where internal operations are necessary to the e xtraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as n ecessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be available at the scalehouse. All Varra Company, Inc. personnel are encouraged to observe area speed limits in established company safety policy. Posted speed limits of 15 mph will be e vident along the primary access road, or as otherwise determined in cooperation with U.S. MSHA requirements. Minimum specification of access where they meet Weld County roads, as specified in Part 9, below, will be honored. P. All access roads from sand and gravel operations to PUBLIC highways, roads or STREETS, or to adjoining residential STRUCTURES, shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one-fourth (1) mile of the PUBLIC highway, road, STREET or adjoining residential STRUCTURE. Internal haul roads will be kept damp through the use of water applied by a water truck during haul operations. A fugitive dust permit will be secured for the operation with the Colorado Department of Health. Extracted material is commonly moist and as extraction advances below original ground, when combined with existing buffers, and other management practices, air borne materials will be fully minimized. Since the prevailing winds are generally from the west, and as the lands are situated below area residences, incidental wind ✓ elated effects will tend to blow material east and away from the nearest ✓ esidences along the southern flank of the location. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 104 June 2017 G. Prior to starting excavation in certain specific instances, as first determined by individual investigation by the Board of County Commissioners, where excavations are considered hazardous or otherwise harmful to nearby residents or to their property, the board of County Commissioners may require the excavations to be fenced or that some other action be taken on the part of an operator in order to minimize the hazardous situation.. Chain link fencing to keep out young children, three -strand barb wire to keep out LIVESTOCK, acceleration/deceleration lanes to facilitate the safe/smooth flow of traffic, and water augmentation to compensate for water losses caused by evaporation are examples of actions which may be required by the Board. The property is surrounded by fencing, with steel gates and/or cattle guards securing all entrances. Repairs will be made as needed to downed fence prior to onset of extraction activities. All repairs will meet or exceed the nature of the existing fence, which varies according to the adjacent landowners. All gates to the primary access are locked when personnel are absent from the location to better discourage unauthorized access H. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. Sufficient and suitable soil will be set in reserve for the reclamation and revegetation of reaffected ecte d lands remaining above the anticipated final water level of the extracted basins as detailed in OMLR Exhibit E - Reclamation Plan, Exhibit I,/J - Soils and Vegetation Information. I. Rock crushers and similar accessory facilities and equipment, but not including hatching (concrete and asphalt) facilities may be allowed. However, the Planning Commission or Board of County Commissioners may set out additional conditions under which these operations may be permitted; and said conditions may vary by location due to abutting land US N1. Concrete and asphalt batch plants shall meet the requirements of Section 23 - -40.. Acknowledged. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 105 June 2017 J. Insurance. The operator shall furnish evidence that he or she is insured to the extent of not less than one hundred thousand dollars (S100,00000) against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. Please refer to the included copy of a Certificate of Insurance, as provided by Holmes Murphy - Colorado, listing Varra Companies, Inc., as the insured. The insured amounts meet or exceed the $100,000.00 minimum required by Weld County I. The USE will not cause injury to vested or conditional water rights. If the USE may result in injury to vested or conditional water rights, the applicant shall present a copy of a well permit to the Department of Planning Services prior to recording the Flat or at a time designated by the Board of County Commissioners, either supported by a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and conditional water rights. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003 10) The applicant shall present a copy of the approved substitute supply plan and well permit to the Department of Planning Services prior to recording the Plat or otherwise, prior to exposing groundwater at the location, or as otherwise designated by the Board of County Commissioners. The information provided by the applicant's water engineer in Sec. 23-4-260 (13) and The Water Supply Information Sheet as submitted to fulfill Sec. 30-28-133 Cd), C.R.S., is consistent with information to be provided to the State Engineer as part of the applicant's assurance that operations will not result in an injury to vested and conditional water rights. Sec. 23-4-300. Reclamation Policies. A. Reclamation plans shall be reviewed to determine the compatibility of the proposed USE with surrounding land USES. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 106 June 2017 Acknowledged. Please refer to Questionnaire - Parts 2 and 3. B. Following the completion of operations, the land shall be left in a safe condition. Acknowledged. Reclamation provides for slopes of 3H:1V or flatter for areas above the anticipated final elevation to ten (10_I ) feet below that level. All affected lands not otherwise occupied by roads, structures, or continued surface disturbance in support of approved post extraction uses will be stabilized using the OMLR approved seed mixture, as detailed under OMLR Permit Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table E- 2: Optional/Default Revegetation Seed Mixture. C. Sufficient drainage shall be provided so as to prevent water pockets or undue erosion. Grading shall be accomplished in such a manner that stormwater leaves the property at the original, natural drainage points. Runoff at any one (1) such point shall not normally be increased over historic flows. Increases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact USES or lands affected by such flows. Acknowledged and supported by a Storm -water Management Plan under an approved Colorado Department of Health stormwater permit, a soil management plan as detailed under OMLR Exhibit E - Reclamation Plan and Exhibit I ',T - Soils and Vegetation Information of the OMLR permit. D. All excavated areas shall finally be graded in substantial conformity to the USE of the land proposed in the reclamation plan. Ridges, banks and mounds shall be graded so as to minimize erosion. Trees, shrubs, legumes, grasses or other ground cover shall be replaced in order to avoid erosion insofar as is practicable. Varra Companies, Inc. Weld County USR 107 Parcel 122 — Resource Development Project June 2017 Acknowledged and incorporated into the extraction and reclamation planning detailed in the relevant exhibits provided with this submittal. Sec. 23-4-3 10. Cancellation of Permit. The Board of County Commissioners shall have the power to cancel permits for violation of any of these regulations or conditions imposed by the Board. The Board of County Commissioners shall cause to be served written notice upon the permittee at the address contained in the permit setting out a clear and concise statement of the violations, and directing the permittee to correct such violation within thirty (30) days. If the violations have not been corrected, the Board of County Commissioners shall direct the permittee to appear before the Board of County Commissioners, not less than ten (10) days nor more than thirty (30) days after the date of service notice. The Board of County Commissioners shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power, upon good cause being shown, to cancel or revoke the permit heretofore issued to the permittee, to require the County or its agents to enter upon the premises and to take the corrective measures required by the Board of County Commissioners; the cost to be assessed against the permittee and his or her sureties.. acknowledged Varra Companies, Inc. Weld County USR 108 Parcel 122 — Resource Development Project June 2017 Que stionnaire The following questions are to be answered and submitted as part of the L.TSR application. I. a question does not pertain to your use, please respond with 'not applicable,' with an explanation as to why the question is not applicable. The application requirements are outlined in Section 23-2-260 .nd Chapter 23, Article IV, Division 4, of the Weld County Code. The application shall contain the following information: 1. A. detailed description of the method of mining operation. The description shall include: a. The types and numbers of structures that will be erected (build) on site including operation and processing equipment to be employed. The operation involves the surface extraction of aggregate. Surface soil is removed from the underlying deposit. Soil in excess of that required for reclamation is considered a resource. Extraction if typically over the shoulder removal of the deposit utilizing (but not limited to) bulldozers, scrapers, front end loaders, and excavators. Extracted materials are typically transported by haul truck or conveyor to a designated plant area for processing, such as our nearby Kurtz or Heintzelman operations. Operations require the flexibility of bringing to the designated plant site location (as shown on O114LR Exhibit C-2: Extraction Plan Map) portable and temporary equipment, including a scale, scalehouse, and related equipment. All planned equipment and are temporary and portable. A building permit approved by the Weld County Building Department will be secured prior to the construction of any permanent structures within the permit area. b. The number of shifts to be worked and the maximum number of employees. Consistent with other approved Varra extraction operations; an average of ± employees (6-12_I at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs or emergencies that require Varra Companies, Inc. Weld County USR 109 Parcel 122 — Resource Development Project June 2017 night time work, which may require up to three shifts over a 24 hour period for the necessary or required duration of the project. Other users include approximately (Range 20 - 50±) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, ✓ esidential, commercial and industrial communities, all of which place ✓ ariable and unpredictable demands for earth derived construction materials, twenty-four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers ✓ epresented are estimates that will vary by circumstances and market conditions prevalent at the time. * All product will be transported via conveyor to our Kurtz facility to the North. {Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de mmmmm/minis number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld County Public Works for the duration of the temporary exceedance. c. Whether the operation will involve a wet or dry pit. The operator requires discharge of groundwater to gain access to the n ecessary product in the most economically viable means possible. The pit will be maintained dry until such a time as extraction and basin slope ✓ eclamation and recoiling are completed for each Field of the project. Extraction activities will remove aggregate to a mean depth of 39.0± feet from the surface, Anomalous depths from 15.0± to 60.0± feet or greater may occur, Since anomalous depths greater than 40± feet may occur, any e xtraction deeper than 39± feet in depth, may be extracted either dry, or wet. If extracted wet, a dredge may be utilized for the removal, Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 110 June 20►17 d. County roads and bridges to be utilized, along with site e ntrance/exit points. (Coordinate with County Engineer). * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de minns number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld Co9unty Public Works for the duration of the temporary exceedance. Otherwise, the location of the designated primary access road entrance was selected to minimize impact to area residences. From the location, traffic may follow \ SCR 28, 26, 24, 13, 19 or WCR 17 to gain access to Colorado Highway 85 to the east, and U.S. Highway 66 to the north, or US. Interstate 25 to the west. The size of the area and stages to be worked at any one time. Please refer to Parts 6, 7, and 8, below. The Fields and areas to be worked are further identified in the OMLR Exhibit D - Extraction Plan and Exhibit C-2: Extraction Map. While all Fields can be worked simultaneously, the rate, direction, and order of extraction will be determined by the strategies outlined in the extraction and reclamation plan exhibits, and by prevailing market conditions. f. A time table giving the periods of time and number of phases to be worked, which will be required for the various phases of the operation. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C- 2: Extraction Map. Within the permit boundary, there are four identifiable areas, the description of which will help to explain the nature of planned e xtraction and reclamation. Those identifiable areas are as follows: The 156.78± Acre permit boundary contains two areas of planned e xtraction bounded by extraction limits and identified as Tract A - West Yarn Companies, Inc. Weld County USR 111 Parcel 122 — Resource Development Project June 2017 Basin and Tract B - East Basin. Each area of planned extraction includes the following: 50,36± 46,13± 96.49± Acres of Planned Extraction - Tract A - 05-1 5± years, Acres of Planned Extraction - Tract B - 10-30+ years. Acres of Planned Extraction - TOTAL Of the remaining 60.29± acres of the permit boundary, 26.29± acres comprise existing and permanent access roads, irrigation laterals, operational support/mineral reserve areas, and setbacks or areas of pre- e xisting, minor, to no disturbance, The remainder includes a 10.00± acre Mineral Reserve Area (1) between Tracts A and B, and an additional 24.00± acre Mineral Reserve Area (2) to its south. Extraction will not occur within the Mineral Reserve Areas until and unless identified, detailed, and approval under a separate technical revision to the ()MLR permit, Until that time the Mineral Reserve Areas will be used to support both wet and dry plant operations and stockpiling of processed materials. A portable scalehouse/office may also be located in the Mineral Reserve Areas, The actual location, extent, and facilities will be detailed and identified by location an extent in a later technical revision to the original approved permit. No on -site storage of fuels is planned as portable fuel (trucks) will service all heavy and correlated operational equipment. An e lectrical line serving operations is not shown on included maps as it is e stablished by the operator, temporary, and subject to relocation in cooperation with United Power Company, All other power and related overhead or buried lines are outside of the influence of extraction activity, or will otherwise be relocated in cooperation with their owners or other responsible parties where they conflict within the interior of planned e xtraction. Buried oil and gas lines are estimated, and extraction and offset of operations are approximate and will be determined in the field in cooperation with the Utility Notification Center of Colorado, It should be noted that a homestead and yard with outbuildings occupies 1,50± acres and acts to divide the north central permit boundary, The access road leading to the homestead has an active easement for operations which will be used as secondary access for light vehicles and e quipment. Immediately south of the residential yard, existing facilities prevent the area from being used other than as a storage or parking area for vehicles, equipment (including heavy equipment), supplies, or other Varra Companies, Inc. Weld County USR 112 Parcel 122 — Resource Development Project June 2017 operational support purposes. This location is fully disturbed by prior agricultural and landowner purposes. This may also include the placement or construction of storage structures and materials. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5.0±) years behind the onset of reclamation activities. Complete extraction of the permit area is presently expected to take approximately 25-30 years, depending upon market conditions, with an additional 5 years following completion of all extraction activities for ultimate completion of concurrent reclamation activities, placing the completion of all activities near 2045-2050, depending upon the date of start-up. Approved reclamation for all open areas of extraction and disturbed land will be secured by an appropriate financial warranty as determined by the O11ILR, and adjusted to cover circumstances as they occur over the life of the operation. Simultaneous extraction of both Tracts may occur. Simultaneous extraction will tend to accelerate the overall completion of extraction activities and final reclamation of the location, to the extent that it occurs. g. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C-2 Extraction Map. Extraction activities will remove aggregate to a mean depth of 39.0± feet from the surface. Anomalous depths from 15.0± to 60.0± feet or greater may occur, h. The proposed use of reclaimed lands and an explanation of the reclamation process. Reclamation is concurrent with continuous resource recovery operations. Extraction activities will remove aggregate to a mean depth of 39.0± feet from the surface. Anomalous depths from 15.0± to 60.0± feet may occur. While extracted slopes may be temporarily 1.2SH=1v, all final basin Varra Companies, Inc. Weld County USR 113 Parcel 122 — Resource Development Project June 2017 (reservoir) slopes will be established concurrently with extraction and will conform to DIMMER Rule 3.1.5(7), or flatter. The general direction of extraction activities over the diverse Fields is shown on OMLR Exhibit C-2 - Extraction Map. Extraction will not occur within 125± feet of any residential structure. Extraction will occur to within 10.0± feet of the permit boundary, easements, right-of-ways, and non-residential structures; except that extraction activities will be limited to within 25.0± feet of well heads and facilities. Those same wellheads will be backfilled to create a 100 foot radius around the well head for future oil and gas activities at that well head. Fill will be placed concurrently with extraction around the well head and related facilities, to the extent practical. At all times, safety will take precedent. Because the project area may be fully affected, phasing does not adequately describe the extraction and reclamation potential of the permit area. Tracts are used, since each Tract can be accessed concurrently with the other, and per ()MLR Exhibit L - Reclamation Costs, accelerated e xtraction only serves to decrease the overall reclamation liability and accelerate final reclamation and site stabilization of the property as a whole, Therefore, any method that accelerates the above timetable, including concurrent reclamation ongoing within each field, will be utilized, based upon market conditions and the capacities of the operator, As indicated in IMILR Exhibit E - Reclamation Plan: As extraction progresses over planned areas of extraction; the resulting 1,25H:1V slopes created during extraction will be concurrently modified by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with OLMR Rule 3.1.5(7). Lands above the anticipated static water level of the basins and within 10.0± feet below the anticipated final water level of the basins will be graded to 3H:1V, or flatter. Naturally occurring slopes may exceed 2H:1V where not otherwise affected by e xtraction activities and will not be altered as part of reclamation unless n ecessary to facilitate the reclamation of affected lands. A Backfill Notice is included with the ()MLR application as an Addendum at the back of OMLR Exhibit E - Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end -use potentials beyond reservoir storage, which may include residential, commercial or industrial structures or uses otherwise approved, now or in the future, by Weld Yarn Companies, Inc. Weld County USR 114 Parcel 122 — Resource Development Project June 2017 County, Colorado. The extent and nature of the reservoir represents the maximum build -out respective of optimal extraction of commercial product and resulting final slopes. All affected lands above the anticipated high water mark of the reservoirs will be capped with a minimum of six (6.0±) inches of soil, as supported by ()MLR Exhibit I &J - Soils and Vegetation Information. Timing and use of soil is detailed further under OI ILR Exhibit I car J — Soils and Vegetation Information and Exhibit L - Reclamation Costs. Where compacted lands e xist, and are to be revegetated, those locations will be ripped prior to re -soil application. There are no known areas of compaction at the time of this application which would require such activity; and ripping remains a contingency of the application. The final land configuration results in two reservoir basins totaling 9.37± surface acres (refer to OMLR Exhibit F: Reclamation Map). The balance of unoccupied affected lands above the anticipated final water level will be stabilized where necessary utilizing the approved OMLR seed mixture, as detailed under OMLR Permit Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table E-2: Optional/Default Revegetation Seed Mixture. Lands not otherwise occupied will be later developed to the highest possible end -use, and will likely comprise a mixed use which may include other agricultural uses as well as light residential, commercial or industrial uses. All reaffected lands remaining above the anticipated final water level of the ponds, and not otherwise occupied by existing or planned mixed uses, will be re -vegetated with the approved seed mixture(s) for general agriculture. To aid in the establishment and survival of the preferred species, a wheat x wheatgrass sterile hybrid will be combined with either applied mixture as a substitute for the use of mulch. Since the formerly cropped land is being replaced with predominantly native grasses, the target for release over the revegetated lands is based upon the e stablishment of a stabilizing cover whose foliar umbrella equals or e xceeds 25 percent of the total area of the ground as measured three inches above the native soil on a square meter basis for typical areas of reclaimed cover achieved within five years subsequent to the completion of all extraction activities. Varra Companies, Inc. Weld County USR 115 Parcel 122 — Resource Development Project June 2017 Since the area of surrounding lands is a mix of these uses, the site end use will retain these potentials. Mixed use (s), other than Developed Water Resources will occur and may include, but are not limited to: the retention of existing structures as desired for continued agricultural, residential, industrial, commercial, or other mixed use (as validated by any co -related and required Weld County Building Permits); the creation of unforeseen future structures, and for the use and development of on site water resources. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5.0±) years behind the onset of reclamation activities. The rate of reclamation activity, including grading, soiling and revegetation will follow concurrently with extraction and the respective timetables identified for extraction under ()MLR Exhibit D - Mining Plan. All timetables are contingent upon market conditions; therefore, a probable range of time is indicated. With extraction activities anticipated to take up to 30 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to O-35± years, or the year 2O45-2O5O, depending upon market demand. i. The source of technical advice in that type of reclamation for open cut mining land. Varra Companies, Inc. (Christopher L, Varra, President) in cooperation with • Garrett C. Varra, Vice President of Operations (Varga Companies, Inc.) Brad Jones, Civil Engineer (Varra Companies, Inc.) Joby Adams, Hydrogeologist (AWES, LLC.); Cheryl Signs, Water Engineer (Cheryl Signs Engineering); Curtis Hoos, PLS (American West Land Surveyors); and, Bradford Janes, Professional Forester (Varra Companies, Inc.) 2. A statement which explains how the proposal is consistent with the Weld County Comprehensive Plan. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 116 June 2017 The project conforms with Section 22-5- 0 of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development resulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Without aggregate, accommodating an expanding population is subordinated to maintaining the existing infrastructure which rapidly begins to fail, along with the economic base and downstream revenues that depend upon them. Imagine, Highways 85, 34, and 1-25 as dirt roads. Section 22-5- 0 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending ()MLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County, Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding land uses and mixed zoning. Resource recovery simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the formerly modified and cropped landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use, that leaves the final land in a configuration that prevents high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats, While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence -works; the results following extraction Varra Companies, Inc. Weld County USR 117 Parcel 122 — Resource Development Project June 2017 typically do not result in such permanent diminished landscapes, habitats or densities. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. Future Compatibility: The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the St. Vrain Creek watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on ()MLR Exhibit C- 2: Extraction Plan Map. 3. A statement which explains how the proposal is consistent with the intent of the district in which the use is located. The application is an allowable and complementary use within the Agricultural A District. Resource recovery simply cannot occur over lands developed with houses and other structures. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to any other development. This application assures the conservation of the underlying valuable aggregate deposit will occur in a manner that complements and enriches the surrounding community. Extraction produces more than aggregate, it provides for long Varra Companies, Inc. Weld County USR 118 Parcel 122 — Resource Development Project June 2017 term continuity and downstream wealth in the form of jobs for all those who utilize the products, it aids in the maintenance and necessary improvements of aggregate dependent infrastructure, and assures a ✓ evenue for state and county government and area school districts. Reclamation of extracted lands will result in the creation of water storage basins (Developed Water Resources) over the majority of the location, and a buffer to increasing urbanization of natural and agricultural lands. All lands affected above the anticipated final static water level of the ✓ eservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it. Other reasonable obstacles may be in the form of existing or continued agricultural uses, or a mixture of other approved uses such as light residential, commercial; and industrial. Unlike other urban uses that intrude upon the agricultural districts, extraction is fundamentally a transitional use that leaves the final land in a configuration that discourages the later development of high density urban uses such as residential land development. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence -works; the ✓ esults following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking from other human development, including the creation of edge effect resulting from the reintroduction of native landscape and enhanced aquatic margins that will better complement and aid wildlife, scenic values, water resources, and overall to the benefit and visual enjoyment of the surrounding community. The planned resource recovery activity is remote enough from existing, yet encroaching, residential subdivisions to remain comparatively unobtrusive to those existing high density populations. The projected scale of operations are compatible with area dairy and farm uses, yet do not intrude upon the level of background noise to existing local residences beyond that already experienced along area highways and roadways. The planned location of support related activities into an existing hillside and Varra Companies, Inc. Weld County USR 119 Parcel 122 — Resource Development Project June 2017 away from area residences will further assure diminished impact from noise and related effects of planned operations. 4. If applicable, a statement which explains what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. Some of the identified soils are Prime Irrigated Soils as designated on the U.s.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved ()MLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring revegetation. \\hen considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable and necessary for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on -site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23-2- 60, below. 5. A statement which explains there is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise Varra Companies, Inc. Weld County USR 120 Parcel 122 — Resource Development Project June 2017 serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations is situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety of on -site personnel and visitors are managed under authority of the federal MSHA program. All planned e xtraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the state of Colorado Division of Reclamation Mining and Safety CCDRMS), Office of Mined Land Reclamation COMLR). Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation [OMLRJ permit, and described in detail under OIMILR Exhibit E Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are e ased by the location below and away from area residences and by the n atural topography broken by variegated vegetation and a vast spatial separation. 6. A statement describing the existing surrounding land uses and explaining how the proposal will be compatible. The genesis of the location is associated with the development of irrigation and the rise of sugar beet agriculture. Sugar beets were first grown in Colorado in 1869, one year before members of a joint-stock colonization company called the Union Colony of Colorado founded the Yarn Companies, Inc. Weld County USR 121 Parcel 122 — Resource Development Project June 2017 City of Greeley. The Last Chance Ditch Company was formed in 1872, in tandem with topographic alterations to deliver the water to leveled landscapes, converting grasslands to crops. By 1879, the state's agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production. As Colorado's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899. Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. Long before there were plans for extraction, significant land modification had occurred on and surrounding Parcel 122. By 1910, the Union Pacific Railroad began plans for a line to transport area beet production and coal. The railroad town of Gowanda was built, and in 1911, the Dent line was completed east of St. Train Creek and nearly a mile west of Parcel 122, severing the floodplain from the location. After the introduction of pivot irrigation, land modification accelerated, and lands to the immediate east, southeast, and south were leveled to provide a pathway for the pivot. Materials were likely borrowed from portions of Parcel 122, which also experienced land leveling and manipulation throughout the Twentieth Century. By this submittal, the owner proposes to alter these lands again, by similar land modification, for well established purposes of beneficial land use that further develops the attending water resources, while strengthening the area economy. All lands reaffected e cte d by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it. Under Title 34 (specifically, C.R.S. 34-1-305), the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County zoning designation of the A - Agriculture zoned lands, which applies to the entire lands considered for active extraction under this application. While the existing agricultural Yarn Companies, Inc. Weld County USR 122 Parcel 122 — Resource Development Project June 2017 lands will change into managed reservoirs that change is essential since resource recovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are historically and contemporaneously fully compatible with the surrounding lands. The planned activities over the formerly modified and cropped lands will return them to a desirable and valuable beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. The location is flanked by properties in the A -Agriculture Zone. Agricultural lands flanking the west boundary are actively under e xtraction by our company, while immediately to the north along WCR 28 are lands permitted for extraction by another company. Extraction is present and on -going further to the north, and west to St. Vrain Creek. While two homes front the northern extraction limits, unless closer distances are agreed to, extraction limits are kept no closer than 12O feet from any residential structure, since extraction will rapidly fall below e xisting ground, it will also gain distance from area residents as it moves south toward planned support area(s). This will serve to minimize noise from extraction equipment. Further, support activities are near the extreme south and center of planned operations and the location is also designed to minimize any noise e manating from any stationary 80 decibel (db) source, which falls to background residential level (55 decibels) at 400 feet from the source. Correspondingly, no 80±db stationary support source will be closer than 400 feet to an existing area residence. Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within the support location(s) and where salvaged soil for reclamation is placed along perimeter segments above the extraction limits. Extraction will occur in the mineral reserve areas once they are no longer occupied by support activities or any correlated stockpiles. Extracted material may also be transported by haul truck or existing/future conveyor systems to our existing operations located to the west and north of the project area. Yarn Companies, Inc. Weld County USR 123 Parcel 122 — Resource Development Project June 2017 Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Reclamation Mining and Safety (CDRIVIS), Office of Mined Land Reclamation COMLR) Exhibit C-2: Extraction Plan Map, the greater concentration of support activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by the area landscape and topography, including the predominantly open space and hillsides of the predominantly cropped agricultural fields and sinewy flanks of the flood plain e scarpment. The location is approached internally along its east boundary and away from high density residential areas and roadway. Unlike other urban uses that intrude upon the agricultural districts, e xtraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence -works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Many extraction operations serve to increase wildlife diversity with time, with reclamation providing functional space that is otherwise crowded out by urban development that is so fundamentally and permanently destructive of wildlife and wildlife diversity. Hence the long term health of wild life is advanced by extraction and reclamation, providing critical corridors, habitat, and protection for diverse wildlife species that would otherwise be lost. Often, the post mine landscape offers an obvious e nhancement that returns a diverse native cover of vegetation to an area formerly occupied by a monoculture of crops or worse, the useless array of bluegrass lawns that destroy any hope of benefit to wildlife or man, and increase the road kill from increased urban traffic that is so irresolutely devastating to area avifauna and terrestrial wildlife.. The reclamation of extracted lands in fact often incorporates or introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife Yarn Companies, Inc. Weld County USR 124 Parcel 122 — Resource Development Project June 2017 and scenic values, Overall, final reclamation of the extracted lands create features that better lend themselves to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. A statement describing the existing land use. The parcel is A -Agriculture. The agricultural lands are presently in crops (corn), Existing oil and gas activities continue. The location is flanked by properties in the A -Agriculture Zone. Agricultural lands flanking the west boundary are actively under extraction by our company, while immediately to the north along \VCR 28 are lands permitted for extraction by another company. Extraction is present and on -going further to the north, and west to St. gain Creek. While two homes front the northern extraction limits, unless closer distances are agreed to, extraction limits are kept no closer than 125 feet from any residential structure. Describe, in detail, the following: a, How many people (employees, visitors, buyers, etc.) will use this site? Consistent with other approved Varra extraction operations; an average of 9± employees (6-12_I at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs or emergencies that require night time work, which may require up to three shifts over a 24 hour period for a duration sufficient to satisfy the requirements or circumstances of the government job or emergency. Other users include approximately 20 - 250± commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, Yarn Companies, Inc. Weld County USR 125 Parcel 122 — Resource Development Project June 2017 residential, commercial and industrial communities; all of which place variable and unpredictable demands for earth derived construction materials on a twenty-four hours a day, seven days a week (24/7) basis. A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de .ra2initmm.,s number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld County Public Works for the duration of the temporary exceedance. What are the hours of operation? The operations provide for a twenty-four (24) hour, seven (7) day per week readiness, with the principal hours of operation occurring between 5:00 AM through 8:00 PM Monday through Saturday. Support and employee activities and maintenance may occur sooner or later than those nominal hours outlined. Government contracts may require shifts and activities that are essentially non-stop for indefinite periods of time and seasons, depending upon the nature of work specified in those contracts, or by other operations obligations, which constitutes the greater need for operational flexibility respective of days and hours of operation. c. What type and how many animals, if any, will be on this site? No animal concentration applies to this operation, however, historic uses for cattle, horses, or other livestock, are not intended to be surrendered by this transitional use. d. What kind (type, size, weight) of vehicles will access this site and how often? Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 126 June 2017 * All product will be transported via conveyor to our Kurtz facility to the North. Trucking will be limited to the occasional pit run removal or the unexpected need; or otherwise for emergency, contract, or exceptional circumstances exceeding more than 24 truck trips in an eight (8) hour period for the duration of the temporary demand. If truck traffic exceeds this de mrz n. s number, Varra Companies, will coordinate necessary maintenance of affected roadways with Weld Co9unty Public Works for the duration of the temporary exceedance. Trucks may vary from pick-up size to small trailers for the general public, to 15 ton tandem or 25 ton semi commercial haulers with an anticipated average production departing the site of up to 5,000 tons per day and commonly 20 to 250 truck trips per day. Generally, vehicle weights will fall within 85,000+ pounds or less. Who will provide fire protection to the site? The operator, in cooperation with Mountain View Fire Protection District, will provide fire protection to the site. All employees are trained under federal MSHA regulations respective of fire, hazardous materials and matters of health, safety and emergency first aid. f. What is the water source on the property? (commercial well or water district). Varra Companies, Inc. has rights to its own water that it will utilize for all project needs. Bottled water for drinking and sanitation will be available for employees and visitors. g. What is the sewage disposal system on the property? (Existing and proposed). Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 127 June 20►17 While there are not existing sanitary facilities for the planned activities, prior to on -set of operations, the operator will provide two (2) commercially available port -o -lets, accessible to both employees and visitors. First aid facilities will be available for emergency washing of body and eyes where required by MSHA safety regulations. h. If storage or warehousing is propose d, what type of items will be stored? As a precaution in the event of fuel from portable fueling trucks spills during refueling, absorbents will be stored on -site; as well as any necessary lubricants for heavy equipment, vehicles and machinery. All absorbents and lubricants will be secured in a locked waterproof container until used. i. Explain where storage and/or stockpile of wastes will occur on this site. No storage and/or stockpiling of wastes are anticipated for this location, except for the possible import and use of inert material for fill to enhance post project end use development. Where debris or other unwanted material accumulates, for the purposes of sanitation, safety, and general courtesy to our neighbors, all unwanted materials will be removed within thirty (30) days of deposition to a permitted land fill or other suitable location. Recyclable materials will be transported to permitted recycling plants or processed on -site to the extent recycling activities are approved under this application. All waste will be centralized and utilize an appropriate container, pallets, or be of a nature where it is stable in its present configuration or nature. j. Explain the proposed landscaping/screening for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Varra Companies, Inc. Parcel 122 — Resource Development Project Weld County USR 128 June 2017 Planning for extraction commonly incorporates existing or created vegetated buffers to complement adjacent lands and uses. Existing trees and ground cover along public road frontage and drainage ways will be preserved, maintained, and supplemented where necessary to aid in the stability of perimeter lands and minimize operational impacts. The very n ature of reclamation of these lands results in open spaces, diverse but less dense end uses, and complementary transitional vegetation that does not obstruct or conflict, but in fact complements, the surrounding lands and area wildlife. Consistent with OMLR Exhibit E - Reclamation Plan, revegetation will o ccur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses; and will involve the application of the OMLR approved seed mixture detailed under OMLR Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed Mixture). An optional seed mixture is provided under Exhibit E - Table E-2 Optional/Default Revegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form, function, and color, and are highly adaptable to the new soils, k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Timetable 2 - 2 260.C12. Extraction is expected to commence in the spring -fall, 2016, and will occur over approximately twenty-five (25) years, with concurrent reclamation following close behind extraction within each field of land affected by operations. Completion of reclamation over all affected land will take up to an additional five (5) years following termination of e xtraction activities, for a total anticipated project life up to 35 years; concluding sometime in the winter of 2045-2050, depending upon market demand. Additional information is detailed in °MLR Exhibit C-2: Extraction Map; Exhibit D - Extraction Plan; Exhibit E - Reclamation Plan; and Exhibit F - Reclamation Map. Yarn Companies, Inc. Weld County USR 129 Parcel 122 — Resource Development Project June 2017 1. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Reclamation for release by the Colorado Office of Mined Land Reclamation [OMLR] will signal the conclusion of the Use by Special Review iew activity, as specified in OIMTLR Exhibit E - Reclamation Plan and Exhibit F Reclamation Map. Subsequent to termination, the project locations will revert to the discretion of the landowner for continued multiple use development for developed water resources, residential, commercial, and industrial uses, including or beyond those otherwise provided for in the application, Explain how the storm water drainage will be handled on the site. Since the project will result in the creation of basins, most water from direct precipitation will drain internally into the pits. Where outslopes from soil berms or road construction occurs, outslopes will be grassed to limit detachment and transportation of soil, thereby limiting and suspended solids from leaving the parcel, and generally diverting overland flows around affected lands and into existing drainageways. Existing drainageways lying outside the basins will not be altered, and the entire site will be managed under an approved Colorado Department of Health stormwater permit. n. Method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. Debris, junk and waste are not anticipated as part of project needs or activities. As stated above, where debris or other unwanted material accumulates, for the purposes of sanitation, safety, and general courtesy to our neighbors, all unwanted materials will be removed within thirty (30) days of deposition to an appropriate landfill or other suitable location. Recyclable materials will be transported to permitted recycling plants or Yarn Companies, Inc. Weld County USR 130 Parcel 122 — Resource Development Project June 2017 processed on -site to the extent recycling activities are approved under this application. All waste will be centralized and utilize an appropriate container, pallets, or be of a nature where it is stable in its present configuration or nature. • A statement delineating the need for the proposed use. With continued growth of human habitat, infrastructure, energy, commerce and related development, combined with existing maintenance needs in both urban and agricultural locations, the products that serve these needs comes from non-renewable aggregate resources found in unique and limited geological locations. This aggregate resource must be recovered in advance of other development or it is lost. Nov is the time and this is the geologically derived and economically feasible location available for such use. The initial site selection is influenced by the logistics of diverse market, economic and geological considerations. For example, the site must be located in the target market which is limited both by the location of ✓ ecoverable aggregate, the offer of lands with marketable aggregate within them, and a proper demographic that allows for the product to ✓ each markets based upon supply, demand, transportation distances and other economic considerations. Sociology, geography, and competition with other suppliers also influence these decisions. A source located in the foothills is not only highly difficult to obtain due to social resistance, it cannot compete for customers further out in the Great Plains where competitors with closer sources simply can out compete with lower bids due to lower transportation and production costs for customers nearer to them. Aggregate is a geologic deposit and it simply must be taken where it lies closest to the market need, as such lands are made available through the ✓ eal estate market for purchase. Additionally, the aggregate deposit must be viable for recovery. In other words, to justify the costs of recovery, the deposit must be large enough in volume ume by depth and extent to justify the effort. The deposit must also offer the quality and diversity of rock product that the local market demands. Yarn Companies, Inc. Weld County USR 131 Parcel 122 — Resource Development Project June 2017 Once a site with suitable aggregate quality, volume and market potential is determined, the selection of a site is still influence by other factors that affect competition and viability of the location. Simply put, the site must be affordable, the deposit must be accessible, and the sociology (capacity to obtain permits, labor, equipment, etc.) suitable to allow for the e xtraction of the deposit to actually occur. These considerations not only determine how viable the resource is for recovery, it has a direct bearing on how expensive a highway segment, residential development, foundation or sidewalk will be. An abundance of aggregate supply in the near proximity of human development activity will make the development of the infrastructure of that community more affordable due to the market forces of supply and demand than it will be where the same material must be transported longer distances from more remote deposits. The more remote the source is from the target market, the greater the impact on transportation systems, fuel demand, as well as wear and replacement of vehicles and e quipment. For these reasons, area impacts from a source increase radially and may be felt by communities that do not necessarily receive product but simply act as corridors for its movement to the demand locations. It is for this ✓ eason that local deposits serving a more local market minimize both ✓ egional and cumulative impacts to area communities while best benefiting the economic interests of the local community nearest the source. Near or far, a source is always involved, and it is the demand that creates the n eed for the source. Another consideration is that extraction is unlike most other urban or rural activity. Extraction of aggregate resource is unique in that it is a transitional use of the land. Extraction is market driven by human population and demand in both rural and urban markets. The product must be extracted before any development can occur over the affected land, both legally, and practically. The demands on post extraction development are that the land be developed to the highest potential end use or uses. Planning for reclamation or restoration of the post extracted land often incorporates multiple end -uses involving a mixture of potentials for water ✓ esources, agricultural, residential, commercial or industrial development. The end -use reclamation must anticipate changes to the surrounding Yarn Companies, Inc. Weld County USR 132 Parcel 122 — Resource Development Project June 2017 community lb to 30 years between when a typical resource recovery operation begins and completes extraction and reclamation activities. The flexibility of multiple end -use planning helps capture the best complement of uses and values for the post extraction morphology and demographics. The demographics of a community are fluid, dynamic, yet commonly e videnced by increased human population and pressure on natural systems. In other words, the rural and native landscapes are transformed to the urban. Resource recovery operations typically exist at the cusp of this transformation. The resulting basins and altered but native alluvial landscapes serve to counter increased densities from the urban process, later viewed from higher ground nearby, often on a softwood deck pillared atop a bluegrass lawn. Another unique consideration in the recovery of aggregate is that it often o ccurs in alluvial areas where wetlands exist. Unlike the placement of a house, roadway, housing development, industrial or commercial sites and development, and utility or oil and gas facilities; aggregate must be removed where it lies. The only choice once a deposit is determined to be viable is how to remove it respective of unremedial obstacles (obstacles that cannot be cost effectively removed, repaired or replaced without exceeding the value of the aggregate deposit underlying them). Wetlands are considered by VCI as unremedial obstacles and to be avoided unless they can be mitigated under an approved plan, such as an U.S. Army Corps of Engineers Nationwide or Individual Permit. Even then, only when the wetland (often in part but not the whole) poses an obstacle that threatens the economic vitality of the operations, the end - use potentials hoped for, and can otherwise be successfully mitigated through the potentials of reclamation methods and practices will the challenge of extracting through a wetland be considered. Under this submittal, there are no planned impacts to wetlands. Neither can the act of removing the deposit and avoiding obstacles remain the first and last consideration. All lands affected by extraction must be reclaimed or restored to an acceptable end use or range of uses. Post e xtraction end use is ultimately determined by the same market factors and land potentials that influence all human influences on the land; working imaginatively with the character of the affected lands as characterized by the extraction activities. Yarn Companies, Inc. Weld County USR 133 Parcel 122 — Resource Development Project June 2017 Extracted lands simply are not allowed, by law or practicality, to be simply abandoned in place subsequent to extraction activities. For this reason, once a site has been acquired for extraction, the least viable sites have already been considered and rejected; making the source site the preferred site because it meets the requirements of the local market (i.e., The site is near or within a viable local market with competitive elements of transportation, labor, equipment and other logistics - has a viable deposit that can justify the cost of acquisition, permitting, and establishment of infrastructure for extraction - and offers a good potential for post recovery development.). More simply stated, the aggregate resource must be conserved and recovered prior to the development over such lands. Aggregate resources must be extracted where they occur, and most often benefit the communities and urban infrastructures most local to the planned operations. This is the requirement under Colorado Law under, Title 34. P. A statement which explains the Use by Special Review area is not located in a flood plain, geologic hazard and Weld County Airport, overlay district area; or that the application complies with Chapter 23, Article V, Overlay District Regulations as outlined in the Weld County Code. The location is outside of any known geologic hazard. The location is not within the Weld County Airport `Influence Zone. The project does not lie within the floodplain proper (it lies within an isolated, yet dated designation, highly limited in area and influence) or any portion of the defined floodway of St. Vrain Creek. The Dent line of the Union Pacific Railroad, established in 1911, divorced the floodplain from St, Vrain Creek to the east of the remaining railroad bed. The location lies within an IGA and the Operator will make efforts to perform a Notice of Inquiry with nearby municipalities. Fin Varra Companies, Inc. Weld County USR 134 Parcel 122 — Resource Development Project June 2017 Consultants in natural resources and the environment Denver ; Boise i Durango Western Slope THREATENED AND ENDANGERED SPECIES HABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO Prepared for— Va rra Companies, Inc. 8120 Gage Street Frederick, Colorado Prepared by ERO Resources Corporation 1842 Clarkson Street Denver, Colorado 80218 August 21, 2012 ERO Project #5255 ERQ ERO Resources Corp. 1842 Clcrkser9 Sire Denver, CO 80218 (303) 830-1188 Fax: (303) 830-1199 w w..ereresources.com e ro(4,)e roreseuroes.corn CONTENTS Introduction1 Objectives and Project Location 1 Regulatory Framework — The Endangered Species Act .. Methods 2 Ecological Features of the Project Area ...4....4444.444444.444...444444444.4.444444.44...444..4.444.4444.4.444...4444.4444.4.4444 3 Vegetation4.4..4.44..4444444.44444.4444..4444.....444444.44444.4.444444...4444444444444..44444....4.4444.44.4.......444....4.4444.44444..4444 3 Preble's Meadow Jumping Mouse Colorado Butterfly Plant Ute Ladies' -Tresses Orchid Past Studies Conclusions and Recommendation.4..4444£ Prebie's Meadow Jumping Mouse 4 4 4 4 4 4 4 4 4. 4. 4 4 4 00044400044400044460 4. 4 4 4 0 0 4 4 4 0 0 0 4 4 4 4. 4 4 4 4. 4. 4 4 4 4 .. 4 4 4 0 0 4444 0444444.4444.4.444. Colorado Butterfly Plant and Ute Ladies' -Tresses Orchid Qua lificatio ns of Surveyors References...., TABLES 5 6 6 7 7 .. 0 $444.4.444.4.444.4.44 4. 4044401 IS 4400 OS 4500 d Table 1. Federally threatened, endangered, and candidate species potentially found on the Bearson property in Weld County 3 Figure 1. Site Location Bearson Parcel Figure 2. Bearson Parcel FIGURES APPENDICES Appendix A Survey Field Data Compilation Form Photo log PHOTOS I 7 B THREATENED AND ENDANGERED SPECIES HABITAT ASSESSMENT BEARSON N PROPERTY WELD COUNTY, COLORADO AUGUST 21, 2012 Introduction Varra Companies, Inc. (Varra) plans to conduct aggregate mining operations on 152.88 acres of agricultural land in southern Weld County (Bearson property). As part of their planning and permitting process, Varra contracted ERO Resources Corporation (ERO) to perform surveys for Preble's meadow jumping mouse (Preble's) and other federally listed threatened and endangered species (listed species). This report describes current regulatory guidelines related to federally listed threatened and endangered species and survey results for listed species and/or habitat identified on the Bearson property during a 2012 site visit. Objectives and Project Location The purpose of this assessment is to determine the presence or absence of threatened and endangered species habitat, including Preble's habitat on the Bearson property (Figure 1). The project area is in the NW 1/4 of Section 13, T3N, R67W of the 6th Principal Meridian, Gowanda "7'!4 -minute U.S. Geological Survey (USGS) quadrangle in Weld County, Colorado (Figure 1). The UTM coordinates for the approximate center of the project area are 508480mE, 4448396mN, Zone 13N. The project area is south of County Road 28 and east of County Road 17 in Platteville, Colorado (Figure 1). The majority of the project area consists of agricultural fields, with an existing farmhouse in the center of the project area. Two natural gas wells are in the project area. Regulatory Framework — the Endangered Species Act Federally threatened and endangered species are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). Significant adverse effects to a federally listed species or its habitat require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 or 10 of the ESA. No regulations require 1 c:\users\bford\downloads\bearson preble%27s habitat assessment.doc THREATENED AND ENDANGERED SPECIES H ABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO consultations for effects to candidate species; however, if a species were to become listed during project planning or construction, consultation with the Service would be required. Current Service guidelines describe occupied Preble's habitat as an area 300 feet beyond the 100 -year floodplain for a distance of 1 mile upstream and downstream of a known population of Preble's. The Service requires surveys for Ute ladies' -tresses orchid (ULTO) in areas of suitable habitat in Colorado on the 100 -year floodplains of the South Platte River, Fountain Creek, and Yampa River and their perennial tributaries (Service 1992). Methods Ron Beane, Senior Wildlife Biologist, and Moneka Worah, Natural Resources Specialist, with ERO performed an endangered species habitat assessment on the Bearson property in Weld County on July 12, 2012 (2012 site visit). In addition to the information gathered during the 2012 site visit, information on threatened and endangered species was obtained from existing sources such as the Colorado Natural Diversity Information Source (NDIS), known locations of Preble's populations and survey efforts (Service 2011), the Colorado Natural Heritage Program (CNHP), and other sources. Based on the information gathered from existing sources and the 2012 site visit, ERO identified existing vegetation communities and important habitat attributes of the project area for the listed and candidate species listed in Table 1 (Figure 2). 2 THREATENED AND ENDANGERED SPECIES HABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO Table 1. Federally threatened, endangered, and candidate species potentially found on the Bearson nronert 7 in Weld Count T. Common Name Scientific Name * Status Habitat Suitable Habitat Present Mammals jumping Preble's I e's meadow mouse Zapus hudsonius prebicl T Shrub along intermittent canals riparian/wet permanent meadows or streams and No Plants Colorado plant butterfly Gaura neomexicana ssp. Coloradensis T level Subirrigated, bottoms floodplains (5,000 alluvial and to 6,000 soils drainage on feet) No Ute orchid ladies' -tresses Spiranthes diluvialis T Moist floodplains streams alluvial below of meadows perennial 6,500 feet and No *T = Federally Threatened Species. Source: Service 2010. Ecological Features of the Project Area Vegetation The project area is within the St. vrain valley characterized by fertile alluvial soils that have been intensively farmed for decades. The project area contains no natural drainages of tributaries and ditches are largely concrete lined and lack tall, dense riparian vegetation. A concrete -lined lateral of the Last Chance Ditch flows northward across the project area toward St. gain Creek. Irrigation return flows support a large wetland in the northeast corner of the property(Wetland 1) and another wetland (Wetland 2) occurs in the southeast section of the project area (Figure 2). Wetland 1 is dominated by common threesquare (Scheonoplectus pungens), saltgrass (Distchilis spicata), foxtail barley (Hordeum jubatum), cattail (Typha sp.), curly dock (Rumex crispus), spikerush ('Eleocharis palustris), alkali rnuhly (Muhlenbergia asperifolia), goosefoot (Chenopodium sp.), and softstem bulrush (Scheonoplectus lactustris) (Photos 1 and 2). Natural and planted windbreaks consisting of narrow patches of peachleaf willow (Salix amygdaloides) sandbar willow (Salix exigua) and young cottonwood occur on the east THREATENED AND ENDANGERED SPECIES H ABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO side of the wetland (Photo 3). Wetland 2 is dominated by cattail, common threesquare, and Emory sedge (Carex emoryi) (Photo 4). The uplands in the project area are dominated by ragweed (Ambrosia artemisiifolia var. elatior), kochia (Bassia sieversiana ), smooth brome (Bromopsis inermis), western wheatgrass (Pascopyrurn smithii), cheatgrass (Anisthana tectorurn), and intermediate wheatgrass (Thinopyrum intermedium). A small prairie dog colony occurs in a portion og the upland habitat along the southern boundary of the project area. A ditch occurs in the southern portion of the project area with large plains cottonwoods lining the ditch. Two planted windbreak areas occur on the property with a mix of planted trees interspersed with volunteer native vegetation. One windbreak is in the southwest corner of the property and the other is along the northern boundary curving around the northwest corner (Photo 5). Preble's Meadow Jumping Mouse Species Background Preble's was listed as a threatened species on May 13, 1998 under the ESA (63 Fed. Reg. 66777-66784, December 3, 1998). Under existing regulations, either a habitat assessment or a full presence/absence survey for Preble's is required for any habitat - disturbing activity within areas determined to be potential Treble's habitat (generally stream and riparian habitats along the Colorado Front Range and southeastern Wyoming). Typically, Preble's occurs below 7,600 feet in elevation, generally in lowlands with medium to high moisture along permanent or intermittent streams and canals (Meaney et al. 1997). Preble's occurs in low undergrowth consisting of grasses and forbs in open wet meadows, riparian corridors near forests, or where tall shrubs and low trees provide adequate cover (Service 1999; Meaney et al. 1997). Critical Habitat Critical habitat identifies specific areas, both occupied and unoccupied, that are essential to the conservation of Preble's and that may require special management 4 THREATENED AND ENDANGERED SPECIES H ABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO considerations or protections. Section 7 of the ESA prohibits destruction or adverse modification of critical habitat by any activity funded, authorized, or carried out by a n y federal agency, such as issuance of a Section 404 permit. In 2010, the Service revised its designation of critical habitat for Preble's and does not include any areas along St. Vrain Creek or its tributaries in Weld County (75 Fed. Reg. 78481, December 15, 2010). Potential Habitat and Possible Effects Vegetation community types and habitat connectivity are the key elements in determining the suitability of habitat in the project area to support viable populations of Preble's. Although the project area contains herbaceous wetlands and planted windbreaks that replicate woody riparian habitat providing some of the habitat features described above for Preble's, these narrow vegetation communities are completely isolated and fragmented from potentially suitable habitat along St. Vrain Creek. A review of aerial photography also revealed that most of the windbreaks are fairly young and poorly developed as recently as 1999. Furthermore, the area identified as Wetland 1 was mowed or hayed as recently as 2004. A survey field data compilation form is provided in Appendix A. Colorado Butterfly Plant Species Background The Colorado butterfly plant (CBP) is federally listed as threatened. The CBP is a short-lived perennial herb found in moist areas of floodplains. It occurs on sulhirrigated, alluvial soils on level or slightly sloping floodplains and drainage bottoms at elevations from 5,000 to 6,400 feet. The CBP is found in acth e floodplains along perennial streams and where vegetation is relatively open. Colonies are often found in low depressions or along bends in wide, active, meandering stream channels that are periodically disturbed (Service 2004). Its historical and current distribution in Colorado includes Boulder, Douglas, Larimer, and Weld counties. The CBP flowers from June to September and produces fruit from July to October (Spackman et al. 1997). 5 THREATENED AND ENDANGERED SPECIES H ABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO Potential Habitat and Possible Effects Suitable habitat for the CBP is not present within the Bearson property because the property is not within an active floodplain. Tte Ladies' -Tresses Orchid Species Background The ULTO is federally listed as threatened. Once thought to be fairly common in low -elevation riparian areas in the interior western United States, ULTO is now rare (Service 1992). ULTO occurs at elevations below 6,500 feet in moist to wet alluvial meadows, floodplains of perennial streams, and around springs and lakes where the soil is seasonally saturated within 18 inches of the surface. Generally, the species occurs where the vegetative cover is relatively open and not overly dense or overgrazed. ULTO does not bloom until late July to early September (depending on the year) and timing of surveys must be synchronized with blooming (Service 1992). Potential Habitat and Possible Effects There is no suitable habitat to support potential populations of ULTO in the project area within the Bearson property because the property is not within an active floodplain. In addition, vegetation in the wetland and windbreak/riparian areas is dominated by species not typically found with ULTO and the vegetation is most likely too dense to allowestablishment of a new population of ULTO in the project area. Past Studies Several trapping surveys for Preble's have been conducted since 1998 on both the lateral ditch that crosses the project area and the main Last Chance Ditch north of the project area (Service 2011). No Preble's have been found in nine trapping surveys on these ditches recorded by the Service (Service 2011).. Furthermore, no Preble's have been found during an additional 14 trapping surveys that have been conducted in better habitat within the St. Vrain Creek floodplain between Interstate 25 and the confluence with the South Platte River (Service 2011). The nearest known location of Preble's is more than 6 THREATENED AND ENDANGERED SPECIES H ABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO 15 miles upstream on St. Vrain Creek or about 9 miles north on the Little Thompson River. Conclusions and Recommendation Based on the information provided in this assessment and summarized below, ERO requests that the Service disqualify the Bearson property for consideration under the provisions of the ESA. Preble's Meadow Jumping Mouse Although the vegetation bordering Wetland 1 has some of the characteristics of suitable Preble's habitat, the area is highly unlikely to support a viable population of the species for the following reasons: 1. There are no natural drainages or streams on the project area and ditches are concrete -lined and sparsely vegetated.. 2. Wetlands and wooded windbreaks on the project area are fairly young (20 years) and are primarily planted or a result of recent irrigation practices. 3. There is no connectivity to suitable Preble's habitat along St. Vrain Creek. 4. Extensive trapping efforts on ditches immediately adjacent to the property and along St. Vrain Creek near the property have been negative. 5. The nearest known occurrence of Preble's is about 9 miles away on a different drainage. Colorado Butterfly Plant and Ute Ladies' -Tresses Orchid The Bearson property does not support potential populations of CBP or ULTO because the property in not within an active floodplain and does not satisfy the criteria for suitable habitat. Qualifications of Surveyors Qualifications of Ronald D. Beane have been previously submitted to the Service and are available upon request. Mr. Beane is a certified ecologist and a Zoology Research Associate with the Denver Museum of Nature and Science. He has performed small mammal investigations for more than 25 years throughout the western U.S. He has 7 THREATENED AND ENDANGERED SPECIES H ABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO completed more than 100 habitat assessments and 50 presence/absence surveys for Preble's over the last 15 years. Qualifications of Moneka Worah have been previously submitted to the Service and are available upon request. Moneka Worah has a B.S. in Environmental Science from Willamette University. Moneka has eight years of experience performing Preble's habitat assessments and presence/absence surveys, and has experience identifying and handling Preble's in the field. This includes conducting or assisting with more than 20 trapping surveys and more than 50 habitat assessments. References Meaney, C.A., A. Deans, N.W. Clippenger, M. Rider, N. Daly, and M. O'Shea -Stone. 1997. Third year survey for Preble's meadow jumping mouse (Zapus hudsonius preblei) in Colorado. Boulder, CO. Under contract to Colorado Division of Wildlife. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the Bureau of Land Management, the U.S. Forest Service, and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. U.S. Fish and Wildlife Service (Service). 1992. Endangered and Threatened Wildlife and Plants: Final Rule to List the Plant Spiranthes diluvialis (Ute ladies' -tresses) as a Threatened Species. Federal Register 50 CFR Part 17, Vol. 57, No. 12, pp. 2048-2054. January 17. U.S. Fish and Wildlife Service (Service). 1999. Survey Guidelines for Preble's Meadow Jumping Mouse. U.S. Fish and Wildlife Service, Colorado Field Office. Revised: April 2004. U.S. Fish and Wildlife Service (Service). 2004. Endangered and Threatened Wildlife and Plants: Designated Critical Habitat for Colorado Butterfly Plant, Proposed Rule. Federal Register Vol. 69, No. 151. August 6. U.S. Fish and Wildlife Service (Service). 2010. Federally Listed and Proposed, Endangered, Threatened, Experimental, and Candidate Species and Habitat in Colorado by County. Available at: http://www.fvs.gav/mountain-prairie/endspp/cauntylists/colorado .htin. U.S. Fish and Wildlife Service (Service). 2011. Preble's meadow jumping mouse (Zapus hudsonius preblei). USFWS, Colorado Field Office. S THREATENED AND ENDANGERED SPECIES HABITAT ASSESSMENT BEARSON PROPERTY WELD COUNTY, COLORADO DELETE THIS PAGE AFTER PRINTING Figure 1. Site Location Bearson Parcel Figure 2. Bearson Parcel APPENDIX A SURVEY FIELD DATA COMPILATION FORM Preble's Meadow Jumping Mouse, Zapus hudsonius preblei Survey Field Data Compilation Form TRAPPING SURVEY E EVALUATED. NOT TRAPPED ■ Fill out both sections 1 and 2 if trapping survey; fill out section 1 only if habitat evaluation (i.e., not trapped). Compilation forms needed for updated habitat evaluations and site disqualification requests. SECTION 1 Surveyor: Date of Site/Habitat Assessment July 12/ 2012 Organization/Company ERO Resources Corporation Full Name(s) Ron Beane and Moneka Worah Location: Project Name (if applicable) Bearson Property Project Description: Aggregate mining near the intersection of Weld County Roads 17 & 28 U.S.G.S. Quad Name Gowanda County Weld Elevation 4,800 Township(s) 3 North Range(s) 67 West Section(s) 13 Section(s) NW 1/4- UTM Coordinates, Zone 13 Northing 4448396 Fasting 508840 UTM Coordinate Datum NAD27 L NAD83 Directions to Location 1-25 north to Hwy 66 and a little more than 1 mile east of St. Vrain Creek Land Ownership Private land Habitat: General Habitat Description Agricultural with narrow patches of woody riparian trees and shrubs associated with windbreak plantings and irrigation practices. Dominant Overstory Plant Community Corn and other row crops - linear strips of small willow/cottonwoods Dominant Understory Plant Community threesquare, saltgrass , {oxtail barley, cattail, curly dock, spikerush, alkali muhly, goosefoot, and softstem bulrush Current Land Use Agriculture Drainage Name: None Type: Perennial Stream Ephemeral Stream Pond/Lake Ditch X Other Hello