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Home My WebLink About20174007.tiffSTATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman Si., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO p 1 V 1 5 1 0 N OF RECLAMATION MINING SAFETY CHECK ONE: [1 There is a File Number Already Assigned to this Operation Permit # M - - (Please reference the file number currently assigned to this operation) IlLNew Application (Rule 1.4.5) FL_Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (I) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION ATION Type or print clearly, in the space provided, ALL information requested below, Applicant/operator or company name (name to be used on permit): Varra Companies, Inc. 1,1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pittmine or site name): Parcel 122 - Resource Development Project 3. Permitted acreage (new or existing site): 156.78+1- permitted acres 3.1 Change in acreage (+) acres 3.2 Total acreage in Permit area acres Fees: 4.1 4.2 4.4 4.5 New Application New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mines,:Sand 5.1 Incidental commodities) to be mined: 1. Gravel Soil 3. / lbs/Tons/yr 4. / lbs/Tons/yr 2. $2,696.00 $3,342.00 $2,229.00 $2,696.00 Earth Products I application fee quarry application amendment fee conversion fee Construction Materials lbs/Tons/wr lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: Construction & Infrastructure 5.3 Anticipated end use of incidental commoditie(s) to be mined: 2 6. Name of owner of subsurface rights of affected land: Varra Companies, Inc. If 2 or more €owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Varra Companies, Inc. 8. Type of mining operation: Surface riUnderground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): 6th (Colorado) 10th (New Mexico) Ute 33 T 3 at North Et South 67 ■ ■ NE I✓ Nw East SE West SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Immediately east of the Town of Firestone, elevation 4800+1- feet. 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39O 44' 12,98" (W) 104° 59' 3.87" Latitude (N): deg miry see . (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691 (W) -104.98449° 18956 Latitude (NN 40 ) (5 decimal places) P ) Longitude(W) -104 .89517 (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Garrett C. Nana Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Varra Companies, Inc. Title: Vice -President, Operations 8120 Gage Street P.D. Box: Frederick Colorado (363 ) _ 666-6657 (303 ) _ 666-6743 Zip Code: 80516 PERMITTING CONTACT (if different from applicant/operator above) Bradford Janes Contact's Name: Company Name: Street/P.O. Box: City: r State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Varra Companies, Inc. Title: Forester 8120 Gage Street Frederick P.O. ox: r. Colorado (303 666-6657 (303 ) 666-6743 Garrett C. Varra Varra Companies, Inc. Zip Code: 80516 Title: Vice -President, operations 8120 Gage Street P.O. Box: Frederick Colorado (303 ) _ 666-6657 (363 ) _ 666-6743 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: 80516 Zip Code: Telephone Number: ( ) CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: 4 12. Prima r future (Post-rinins) land use (check one): Cropland(CR) Pastureland(PL) _:. Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) (WR= Fr imary end use) 13. Primaryyresent land use [check one Ea Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): General Agriculture(GA) Wildlife Habitat(WL) Industrial/Comrnercial0C) Solid Waste Disposal( D) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Open pit extraction of sand, gravel and related earth resources utilizing diverse heavy equipment. 15. On Site Processing: 171Crushin Screenin g 13.1 Briefly explain mining method (e.g. trucshovel): Earthen materials are extracted with scrapers, excavators, or other heavy equipment. Materials are processed and stockpiled for sale and removal from the site by haul truck. List any designated chemicals or acid -producing materials to be used or stored within permit area: lubricants & absorbents. Fuel will not be stored on -site, but brought in on portable containers by truck(s), 16, Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). New application. 5 Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(13): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N E EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(b) Rule 6,5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6_2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. Ifyou do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; (led 691 vet 541 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information. contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modificationand obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of anychanges in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance, 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held.. For example, a permit with the anniversary date ofJuly 1, 1995, the annual fee is for the period ofJuly 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS: : It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. 2015, by _ Gvajreke Varn'ot Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(0, C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-323-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or moth cation of this form shall result in voiding any, permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this .� nIA day of vairrs-44ec:: c t Applicant/Operator or Company Name Signed: evrivreariarna..- Title: State of Cobiado ) County of UO aot ) ss The foregoing instrument was acknowledged before me this g �g g as V P JESSICA HOOVER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044035571 My Commission Expires Oct. 4. 2016 If Corporation Attest (Seal) day of Signed: Cor + orate Seer 4F or Equivalent Town/City/County Clerk itAl (1/4)3 of 1%Lirrq co 7 finpatki.as nue My Commission expires: Iv. SIGNATURES MUST T BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 May 18, 2017 Mr. Garrett C. Varna Varra Companies, Inc. 8120 Gage St. Frederick, CO 80516 Re: Parcel 122 - Resource Development Project, Permit No. M-2015-033 Permit Issuance, Construction Material Operation Dear Mr. Van•a: On May 18, 2017 the Division of Reclamation, Mining and Safety (Division) found Marra Companies, Inc. to have satisfied the applicable requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. 1. All of the original application materials, as amended and supplemented, are an integral part of your permit and are incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and.1or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions, and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, May 18, you must submit an annual fee and an annual report to the Division. The annual fee for this permit is $791.00. Please consult the Act, Rules and Regulations, and your permit for specific annual report requirements applicable to your mine. If you have any questions, please contact the Division. Sincerely, Virginia Brannon Division Director • Enclosure Certified Mail No. 7016 2140 0000 2345 7004, return receipt requested cc: Peter Hays, Division of Reclamation, Mining and Safety Bradford Janes, Varra Companies, Inc. 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 366.3567 F John W. Hickenlooper, Governor 1 Robert W. Randall, Executive Director 1 Virginia Brannon, Director COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St, Room 215 Denver, CO 80203 MINING AND RECLAMATION PERMIT CONSTRUCTION MATERIAL MINING OPERATIONS Permit Number: -2015-033 Type of Permit: 112c Permit Date: May 18, 2017 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. The Permittee, Van -a Companies, Inc, desires to conduct a mining operation known as Parcel 122 - Resource Development Project, for the purpose of extracting Gravel and sand. Unless this permit is modified or a separate permit is issued to cover the mining and/or recovery of other minerals or extractive products, the Permittee will not mine or recover any other commodities at this site. 13. On November 2, 2016 the Mined Land Reclamation Board (Board) approved the Permittee's application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the Division of Reclamation, Mining and Safety (Division) of performance warranty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. If the Permittee desires to extract materials other than those listed in (A), a separate permit or a permit modification may be required. D. On November 2, 2016 the Board made the following findings: 1. The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq., as amended, and with all applicable local, state and federal laws; The operation will not adversely affect the stability of any significant, valuable, and permanent man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between the operator and the persons having an interest in the structure that 2. 1313 Sherman St. Room 215 Denver, Co 80203 P {303) 866-3567 F John W, Hickenlooper, Governor 1 Robert W. Randall, Executive Director I Virginia Brannon, Director damage to the structure is to be compensated for by, the Permittee or if such an agreement cannot be reached, an engineering analysis establishes no damage will occur to the structure to the satisfaction of the Division; and; 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Act, and the Construction Material Rules and Regulations. E. The Permittee has made a showing satisfactory to the Board that: 1. It will employ, during and after its underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such operation 2. It will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and In the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. F. A copy of the Permittee's application, as amended and supplemented, has been approved by the Board and is, by this reference, incorporated herein. G. The issuance of this permit does not relieve the Permittee from having to comply with all applicable Federal, State and County statutes, including State water law. GIANTS, CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the Permittee, to engage in the operations described in the application on certain lands lying in theCounty of � ng � Weld, State of Colorado. These lands are described in the permit application, as amended and supplemented; and are referred to herein as the "Affected Lands". This permit is issued subject to the following conditions and agreements: I) The Pettnittee will be bound by all applicable requirements of the Act, and all applicable rules and regulations of the Board, as amended from time to time, the terms of the permit application, the terms of the performance warranty, and the terms of the financial warranty filed with the Division. 2) The Permitter will file with the Division its annual report and fees on each anniversary date of this permit. If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. Page 2 of 3 The Board or its authorized representative may enter upon the lands of the permitted operation at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. 5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations promulgated by the Board, the permit, or by violation of a Board Order. 6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). The Board will enter the lands to perform reclamation only if the Board has determined that: i. Reclamation required the permit, statute, or regulations to be performed upon such lands has not been performed, or ii, Financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated. c) The Division, acting for the Board, will enter lands to respond to an emergency only where the Division determines that any of the conditions of Construction Material Rule 8.4.2 exist. 7) The additional conditions set forth in the attached rider, if any, are incorporated herein by reference. l a) Rider is attached. / XX / b) No rider is attached. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES Virginia Brannon Division Director M -AP -2 8 Page 3 of 3 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 April 17, 2015 SUBJECT: Approved Jurisdictional Determination — Action No. NWO-2014-02769-DEN, Varga Companies Parcel 122 (Bearson). Bradford Janes Varra Companies, Inc. 1431 East 16th Street Greeley, CO 80631 Dear Mr. Janes: Reference is made to► the above -mentioned site, located in Section 33, Township 3 North, Range 67 West, within Weld County, Colorado. Two isolated wetlands within the project area were determined to be non jurisdictional and will not be regulated under Section 404 of the Clean Water Act. This site has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activity associated with a dredge and fill project in waters of the United States. Waters of the U.S. includes ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands, certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. An approved jurisdictional determination (JD) has been completed for the above referenced project. The JD is attached to this letter. If you are not in agreement with the JD decision, you may request an administrative appeal under regulation 33 CFR 331, by using the attached Appeal Form. The request for appeal must be received within 60 days from the date of this letter. If you would like more information on the jurisdictional appeal process, contact this office. It is not necessary to submit a Request for Appeal if you do not object to the JD. Wetland #1 and 42 are isolated wetlands surrounded by uplands which do not provide surface water flows to a Traditionally Navigable Water (TNW) and do not have a significant nexus to interstate commerce. Therefore, these isolated wetlands are not considered waters of the US. • • • • • r • • • • • • • • • • • • • • • • • ■ • • • • • 4, • • • • • • • • • • ■ U ■ • • • • The Last Chance Ditch Lateral and the irrigation pond are preamble waters that were excavated in dry land for the purpose of containing irrigation water. In accordance with the 13 November 1986 Federal Register (Page 41217), the Corps of Engineers generally does not consider these irrigation ditches or artificial ponds created by excavating and diking dry land to collect and retain water for agricultural irrigation and stock watering as waters of the U.S. As such, the waters listed above are considered non -jurisdictional and are not waters of the U.S. This JD is valid for a period of five years from the date of this letter, unless new information warrants revisions of the JDs before the expiration date, or unless the Corps has identified, after a possible public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re -verification on a more frequent basis. If there are any questions call Michael Stanley of my office at 303-979-4120 and reference Corps File No. WO -2014 -02769 -DEN. Sincerely, 0L -7z Kiel Downing Chief, Denver Regulatory Office APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): April 16, 2015 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Denver Regulatory Office, Omaha District, NWO-2014-02769-DEN, Varra Companies, Inc. Parcel 122 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: Co Countylparish/borough: Weld City: Platteville Center coordinates of site (lat/long in degree decimal format): Lat: 40.18879 N; Long. -104.896969 W Universal Transverse Mercator: Name of nearest waterbody: St. Vrain River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: South Platte River Name of watershed or Hydrologic Unit Code (HUC): 101 90005 El Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): El Office (Desk) Determination. Date: March 20, 2015 Field Determination. Date(s): February 9, 2015 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce, Explain: ■ B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are no `{waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): I TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands • ■ • ■ ■ • b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): Pick List 2. Non -regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Wetlands #1(18 acres) and #2 (2 acres) are fed by irrigation run off by surrounding agricultural fields, ditch seepage/flows, and ground water. Irrigation pond and last chance ditch lateral are preamble waters that were excavated in dry land for the purpose of containing irrigation water. SECTION III: CWA ANALYSIS 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section ill. F. A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section 111.O.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections II1.A.1 and 2 and Section 111.0.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent". CHARACTERISTICS OF TRIBUTARY (THAT 1S NOT A TNW) AND ITS ADJACENT WETLANDS (1F ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.I for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with NW: Tributary flows directly into TNW. Tributary flows through Pick List tributaries before entering TNW. ■ Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPM/. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 2 (iv) Tributary is: • ■ ■ Natural Artificial (man-made). Explain: Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ■ ■ Silts Cobbles Bedrock Q Other. Explain: ■ ■ ■ Sands Gravel Vegetation Type/°,% cover: ■ Concrete Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List.. Explain findings: ■ Dye (or other) test performed: Tributary has (check all that apply): Bed and banks OHWM6 (check all indicators that apply): clear, natural line impressed on the bank changes in the character of soil shelving vegetation matted down, bent, or absent leaf litter disturbed or washed away sediment deposition water staining other (list): Discontinuous OH M.7 Explain: ■ ■ ■ ■ ■ ■ • • ■ ■ ■ ■ • ■ • II ■ ■ the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: • Mean High Water Mark indicated by: El survey to available datum; physical markings;. vegetation lines/changes in vegetation types. ■ IN • oil or scum line along shore objects fine shell or debris deposits (foreshore) physical markings/characteristics tidal gauges other (list): ■ ■ (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: Biological Characteristics. Channel supports (check all that apply): Riparian corridor. Characteristics (type, average width): wetland fringe. Characteristics: ■ ■ 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OI-IWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. 3 Habitat for: Federally Listed species. Explain findings; ❑ Fish/spawn areas. Explain findings: ■ ■ ■ Other environmentally -sensitive species. Explain findings: Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properti'es: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: (c) Surface flow is: Pick List Characteristics: Subsurface flow: Pick List_ Explain findings: ■ Dye (or other) test performed: Wetland Adjacency Determination with Non-TNW: Directly abutting ❑ Not directly abutting Discrete wetland hydrologic connection. Explain: Ecological connection. Explain: Separated by berm/barrier. Explain: ■ ■ ■ ■ (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): Riparian buffer. Characteristics (type, average width): Vegetation type/percent cover. Explain: Habitat for: Federally Listed species. Explain findings: Fish/spawn areas. Explain findings: Other environmentally -sensitive species. Explain findings: Aquatic/wildlife diversity. Explain findings: ■ ■ ■ ■ ■ ■ 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis.. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION 4 A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and an its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TWO. Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that arc present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TN W? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. ■ ■ 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.D. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): • s Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. ■ Provide estimates for jurisdictional waters within the review area (check all that apply): ■ ■ Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 'See Footnote # 3. 5 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ID Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RP: • Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section II1.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section 11I.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). ■ • ■ E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):I° which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: . Other factors. Explain: N ■ ■ • Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ■ ■ • Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY)): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. N Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. l� Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). El Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook I° Prior to asserting or declining C'NA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. 6 Other: (explain, if not covered above): No RP is flow through the Study Area. The Last Chance Ditch is the nearest RPW, located approximately 1,500 feet west of Wetland l and 2 and flows into St. Vrain Creek, a TNW, approximately 5,200 feet northwest of the Study Area. The Last Chance Ditch Lateral is diverted off of Last Chance Ditch approximately 7,200 feet south and west of the Study Area and flows across the Study Area, ultimately terminating in an agricultural field. The Last Chance Ditch Lateral is constructed entirely in uplands, terminates in uplands and does not convey flows to a water of the U.S. In accordance with the 13 November 1986 Federal Register (Page 41217), the Corps of Engineers generally does not consider non -tidal drainage and an irrigation ditches excavated on dry land to be waters of the U.S., except on a case -by -case basis. In this case, there is no water flowing via the irrigation ditches to a water of the U.S. The Irrigation Pond located within the Study Area was excavated in dry land for the purpose of containing irrigation water. In accordance with the 13 November 1986 Federal Register (Page 41217), the Corps of Engineers generally does not consider artificial lakes or ponds created by excavating andlor diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing to be waters of the U.S., except on a case -by -case basis. In this case, the Irrigation Pond is not considered a water of the U.S. Water diverted off the Last Chance Ditch Lateral comingles with relatively high groundwater levels in the area. Piezometers located throughout the subject property indicate that groundwater levels range from 4 to 24 feet below ground level throughout the year. The discharge of agricultural irrigation water, in combination with fluctuating groundwater levels, provides hydrology for Wetlands l and 2. However, Wetlands 1 and 2 are isolated from any other jurisdictional waters by over 2O00 feet. Both Wetlands 1 and 2 are located in a large depression which causes water to flow towards the wetland areas from the surrounding agricultural fields. No water leaves Wetlands 1 or 2 through a surface connection to an RPW. In addition, there is no information available to show that this wetland 1) is or could be used by interstate or foreign travelers for recreational or other purposes; 2) produces fish or shellfish which are or could be taken and sold in interstate or foreign commerce; or 3) is or could be used for industrial purposes by industries in interstate commerce. As such, Wetlands l and 2 are determined to be isolated wetlands and not waters of the U.S. Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): El Non -wetland waters (i.e., rivers, streams): Lakes/ponds: acres. DOther non -wetland waters: acres. List type of aquatic resource: ( Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Q Other non -wetland waters: acres. List type of aquatic resource: Wetlands: 20acres. • SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ■ ■ ■ ■ • • ■ • Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: GO-GOWANDA USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA.FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ■ Aerial (Name & Date): or II Other (Name & Date): • ■ • 7 • MI Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Rapanos and Carabell cases. Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Ma. I- Vicinity Ma a I 8 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST'FOR APPEAL Date: 2015 April 17, Applicant: Bradford Forester File Number: 2014-02769 Attached is: Approved Jurisdictional Determination for Varra Companies See Section below A INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) B PROFFERED PERMIT (Standard Permit or Letter of permission) PERMIT DENIAL _ C X D APPROVED JURISDICTIONAL DETERMINATION E PRELIMINARY JURISDICTIONAL DETERMINATION SECTION I. - The following identifies your rights and options regarding an administrative appeal of the above. decision. Additional information may be found in Corps regulations at 33 CFR Part 331, or at http://vvvitw.usace.arrny.miliMissionsiCivilWorks/RegulatoryProgramandPermits/FederaiRegulation.aspx A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you 'nay sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district. engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. + ACCEPT: You do not need to notify the Corps to accept an approved M. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. * APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. I E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II L. REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT • REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIQi1S.:.OK INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: US Army Corps of Engineers, Denver Regulatory Office Kiel Downing, State Program Manager 9307 S. Wadsworth Blvd Littleton, CO 80128 Telephone (3 03) 979-4120 Kiel.G.Downing@usace.amiy.mil If you only have questions regarding the appeal process you may also contact: US Army Corps of Engineers, Northwestern Division Attn: Mary Hoffman, Regulatory Appeals Review Officer P.O. Box 2870 Portland, OR 97208-2870 Telephone (503) 808-3888 Mary.J.11offman@usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: I Telephone number: Signature of appellant or agent. Administrative Appeal Process for Approved Jurisdictional Determinations Approved JD valid for 5 years. Yes District makes new approved JD. Yes To continue with appeal process, appellant must revise R FA. See Appendix D. District issues approved Jurisdictional Determination (JD) to applicant/landowner with NAP. Does applicant/'landowner accept approved JD? Applicantllandowner provides new information? Applicant decides to appeal approved JD. Applicant submits RFA to division engineer within 60 days of date of NAP. Corps reviews RFA and notifies appellant within 30 days of receipt.. Division engineer or designee remands decision to district, with specific instructions, for reconsideration; appeal process completed. Appendix C Optional JD Appeals Meeting and/or site investigation. Yes RD reviews record and the division engineer (or designee) renders a decision on the merits of the appeal within 90 days of receipt of an acceptable RFA. District's decision is upheld; appeal process completed. • • • • • • r . i I I • • . • • • • • • • ■ • • • • ■ • • • • V • • . • • • •• • I I • • I • • • • • • • • • • • • • • • • • • • • • • C. • PIT 122 BEARSON PERMIT APP CD OO V) w o Un 44- 0 ,0 C70 7g C a cri co c co Ci Cu 13 Cu 0 cc 0 ci 0 0 CO 0 0 0 CNI N CO CN 0 C) O r In CO D rn m 03 cal 'soeq uo &mramma •saJnica} Munaas r z rri w Z 114, 8cc 0 OE g a. ow a zwoo ) ° •o uiNuu ix cc O t' CC C 0 O1) CO 0 4t CD r - N N 0 0 a 2 4'7? I-- CO la 4e 0) :E Lin 2 C\I E ci cc er) co uco cc E0 w a.; ac 0 T tv O 11, 11 • I ca 0 LU rS 0 0 0 ■r rr to 0 1 a co ru nog lL.oa? �': 0 a O • c (Oerse_ Varra Companies, Inc. Office of Special Projects 1431 East le Street Greeley, Colorado 80631 Telephone (97 0) 353-831 ► Fax (970) 353-4047 Tuesday 28 July 2015 Colorado Office of Mined Land Reclamation Division of Reclamation, Mining, k Safety 1313 Sherman St,, Ste. 215 Denver, Colorado 80203 Subject: Regular Impact x(112) Permit Application - Parcel 122 - Resource Development Project. Please accept this submittal as a Complete Regular Impact (112) permit application. Submitted with this correspondence, please find: • Proofs of Notification - delivered as addressed to: 1 Longmont Soil Conservation District - Exhibit Q 2) Weld County Board of County Commissioners - Exhibit Q • Proof of placement of one copy of the complete application with the Weld County Clerk to � w the Board of County Commissioners - Exhibit R • Proof of Posting of Notice at the Location Main Access Road - (behind this cover letter). • Two complete applications with all attending forms, maps and exhibits -- one of which is the original with the Regular Impact 112 form signed in blue ink, an original signature of a Backfill Notice (Exhibit E), and related original signed documents. • The required Regular Impact (112) permit application fee of 2,696.00 (check #40285). Respectfully submitted, Varra Companies, Inc. ra.. rd Janes Pro ess al Forester Liaison, Office of Special Projects cc. Garrett C. Varra, Vice -President - Operations Varra Companies, Inc. Blj/blj. Enclosures/Attachments: As stated above RECEIVED u. 282015 DIVISION OFAMAll� MINING AND SAFETY RECEIVED JUL 2 8 2015 DIVISION! OF RECLAMATION, MINING AND SAFETY 1 PUBLIC NOTICE This site is the location of a proposed construction materials operation. Varra Companies, Inc. whose address and phone number is 8120 Gage Street Frederick, CO 80516 Telephone (303) 666-6657, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board's Office at 1150 '0' Street, Greeley, Colorado 80632, and should send comments prior to the end of the public comment period to the Colorado Division of Reclamation Mining & Safety, Office of Mined Land Reclamation — 1313 Sherman Street, Room 215 — Denver, CO 80203. The above notice was posted at the entrance to the primary access road designated in the included application maps at Weld County Road 28, and along the permit area, boundary or corners as practical. An actual copy of the size of the Notice follows this page. This notice and the undersigned Certification is intended to satisfy the Notice requirements for Rule 1.6.2(1(b). Certification: I, Bradford Janes, hereby certify that I posted the above indicated Public Notice for the proposed permit area known as the Parcel 122 - Resource Development Project, on Friday 24 July 2015. Brad%rd'Janes 'order Varna Co anies, Inc. Date Friday 4 July,` 2015 RECEIVED JUL 282015 DIVISION OF RECLAMATION, MINING AND SAFETY 215 — Denver, CO 80203. PUBLIC NOTICE This site is the location of a proposed construction materials operation. Varra Companies, Inc. whose address and phone number is 8120 Gage Street — Frederick, CO 80516 Telephone (303) 666-6657, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board's Office at 1150 '0' Street, Greeley, Colorado 80632, and should send comments prior to the end of the public comment period to the Colorado Division of Reclamation Mining & Safety, Office of Mined Land Reclamation — 1313 Sherman Street Room RECEIVED DIVISION OF RECLAMATION, MINING AND SAF ' STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St, Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FM: (303) 832-8106 CHECK ONE: CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM There is a File Number Already Assigned to this Operation Permit # M - (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Conversion Application (Rule 1.11) E.._ Amendment Application (Rule 1.10) COLORADO DIVISION OF RECLAMATION MINING SAFETY Permit ft M - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three majorparts: 1 form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 ��eoteehrricalStability � � the application ( Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate s , copy of the completed sections of'�.� ��C,cotechtticat Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing,pleaseprovide the� p should be folded to information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. A licantlo orator or com any name name to be used on permit): Varra Companies, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name this: mine flys.: _lame 3. Permitted acreage (new or existing situ: 3.1 Change in acreage (1 3.2 Total acreage in Permit area Fees: 4.1 4.2 4.4 4.5 Parcel 122 - Resource Development Project New Application New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) RECEIVED adt. 2 8 2015 DIVISION OF RECLAMATION, MINING AND SAFETY 5. Primary c moditie(s) to be mined: and Gravel Soil 5.1 Incidental comrnoditie(s) to be mined: 1. 3. 11, lbs/Tonslyr 2. 1 bs. Tonslyr 4. r' Ibsrrans yr 5. 156/841- $2,696.00 $3,342.00 $2,229.00 $2,696.00 Earth Products 5.2 Anticipated end use of primary comtimoditie(s) to be mined: Construction & Infrastructure 5.3 Anticipated end use of incidental commodities) to be mined: permitted acres acres acres application fee quarry application amendment fee conversion fee Cons -ruction Matenats IbslTonslvr l bs!Tons/vr 6. Name of owner of subsurface rights of affected land: Varra Companies, Inc. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Varra Companies, Inc. Tyne of mining operation: ve Surface LIUnderground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): 6th (Colorado) 10th (New Mexico) JD Lice S 33 3 North R 67 I 1 East ri ► J7J NE NW DSouth ED West II SW SE S' GENERAL DESCRIPTION: (the number of miles and direction €`rom the nearest town and the approximate elevation): Immediately east of the Town of Firestone, elevation 4800+1- feet. 10. Primary Mine ntrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 390 44' 12.98" (W) 104' 59' 3.87" Latitude (N): deg min sec . (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449' Latitude (N) 40 .1 8950 decimal ecimal places) Longitude(W) -104 89517 (5 decimal places) OR Universal Tranverse Mercator UTM Example: 2013 36.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NADS3 or WGS 84) Easting Northing Nad 83 RECEIVED 2 8 2015 DIVISION OF RECIAWMON, MINING AND SAS ETY Zone13 JULRECEIVE 2 8 2015 DIVISION OF RECLAMATION, 11. Correspondence Info ci ation: APPLICANT( ►P .RATOR (name, address, and phone of name to be used on permit) Garrett a Varra Title: Vice -President, Operations Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: MINING AND SAFETY Varra Companies, Inc. 8120 Gage Street Frederick P.O. Box: Colorado (363 ) _ 666-6657 Zip Code: 80516 (303 _ 666-6743 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Bradford .banes Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: IN S P EC✓TION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Varra Companies, Inc. Title: Forester 8120 Gage Street Frederick P.O. Box: Colorado r 363 303 666-6657 Zip Code: 80516 _ 666-6743 Garrett C. Varra Varra Companies, Inc. Title: Vice -President, Operations 8120 Gage Street Frederick Colorado P.O. Box: 1303 303 I. 666-6657 666-6743 Zip Code: 80516 CC; STATE OR FEDERAL LANDOWNER Of any) Agency: Street: City: State: Telephone Number: 1 ) CC: STATE OR_FEDERAL LANDOWNER Agency: Zip Code: if an Street: City: State: Telephone Number: C ) Zip Code: - 12. Primary future Post-rninin . land use check one Cropland(CR) ip Pastureland(PL) ral Rgetand(RL) Forestry(FR) Residentiai(RS Recreation(RC) Developed Water Resources(WR) (WR:= Primary end use) 13. Primary present land use check one : Cropland(CR) Pastureland(PL) Rangeland(RL) l;ortry() B_EllResidential(Rs) Recreation(RC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. tnick/sho;rel)• General Agriculture(GA) Wildlife Habitat(WL) Industri Cor mercial IC) Solid Waste Disposal(WD) General Agrieulture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Open pit extraction of sand, gravel and related earth resources utilizing diverse heavy equipment. 15. On Site Processing: illCrushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Earthen materials are extracted with scrapers, excavators, or other heavy equipment. Materials are processed and stockpiled for sale and removal from the site by haul truck List any designated chemicals or acideproduethg materials to be used or stored within lubricants & absorbents. Fuel will not be stored on -site, permit area: o but brought in on portable containers by truck(s). 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describin g the proposed change(s). New an RECEIVED JUL 2 8 2015 DIVISION OF RECtAMATION, MINING AND SAFETY 5 Maps and Exhibits: r Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum I , and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1 }(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT C EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule I.6.2(lxb) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate In formation Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM I -Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) RECEIVED JuL 282015 DIVISION OF RECLAMATION, MINING ND SAFETY The instructions for preparing Exhibits A -S, Addendum I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2(1)(b) of the Rules and Regulations. Ifyou have any questions on preparing the Exhibits or content of the information required, or would like to schedule a re -a lication meeting q p pp you may contact the office at Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a perrnittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you g do not understand these obligations then please contact this office for a full explanation. Ss/ I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume lega l liability for all reasonable expenses which the Board or the office may incur ur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, a on a findin th p ,� at the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information � s contained in the application or your permit misrepresent important material facts; >91.1 3. If your mining and reclamati©n operations affect ect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or pp Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, post you musta sign at the entrance of the mine she, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; !gad 4Evie .54 �T✓ b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that visible and adequate to delineate such boundaries prior t o disturbance. are clearly p site dtsturt�ance. 8. It is a provision of this permit that the operations will be conducted in accordance wit h the terms and conditions listed in your application, as well as with the provisions of the Act and the is issued.Construction Material Rules and Regulations in effect at the time the permit p.c_Lakt 9. Annually, on the anniversary date of permit issuance y � you must submit an annual fee as specified by statute, and an annual report which includes a map describing the acreage e affected and the acreage ' there are changes from the previous ear any monitoring g• reclaimed to date (if year), y required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previousyear example, a permit with the anniversary date of Jul � 1, fee a permit is held. For y 1995, the annual is for the period ofJuly 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by thepermit anniversary civil date may result in a penalty, revocation of your permit, and forfeiture of your financial warranty. It isyour responsibility, permittee, to continue toyour annual fee �''' respa►rtsjb�l�ty, as the pay to the office until the Board releases you from your total reclamation responsibility. este 10. For; oint venture/partnership operators: the signing representative is authorized to sign ' power of attorney (provided by the partner(s)) authorizing ,� this document and a p (s)) authorizing the signature of the representative is attached to this application. RECEIVED JUL 282015 DIVISION OF RECLAMATION, MINING AND SETV NOTE TO COMMENTORSIOBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Officeprior to the decision date so thatyou will � know whatchanges may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of thepublic comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals pr ocess, p ocess, you may contact the Office at (303) 866-3567. RECEIT7D &a, JUL Z 8 2015 D111SI0PT OF RECJOF RECLAMATION, VININ G AND SAFETY 8 Certification: As an authorized representative of the applicant, [ hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet ofthe ro osed affected area have �' been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such oprohibited are by law (Section 34-32.5.1 l 5(4X f, C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in p pe the State of+Co[orado currently in violation of the provisions of the Colorado Land Reclamation Act for the Ext raction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under of perjury made herein are punishable as a Class 1 misdemeanor - penalty ' [�' Jul and that false statements pursuant to Section 18-8-503, C.R.S. This, form has been approved by the Mined Land Reclamation Board pursuant to section 34- Reclamation pct for the Extraction o�'Ca�nstructior� Materials. Any Qf'�'�le Colorado Land ,4uy alteration or modification of this, form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders without a permit panuautt to section 34-32.5-123, C.R.S. and wFl penalties for operating Signed and dated this 20 1e day of Vcitrr:se Applicant/Operator or Company Name Signed: drivilwile 1/4_st 20 157 If Corporation Attest (Seal) RECEIVEDigned: Title: yp JUL 282015 State of 00 k{acto ss. County of � QJW%� The foregoin instrument was acknowledged before me this 2o day of 3ul by G14xre .✓tiC� as \/ t'_ of V'r4 o &$iaS JESSICA HOOVER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 200 4035571 My Commission Expires Oct. 4, 2016 DIVISION OF RECLAMATION, MINING AND SAFETY Co porate Secr;: or Equivalent Town/City/County Clerk Public My Commission expires: 1 0/4-1c fi co SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site p to clearly identify the site as the location of a 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. Varna, 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. RECEIVED JUL 2 8 2015 DIVISION OF RECLAMATION, MINING AND SAFETY Garrett C. Varra, Vice -President - Operations Varra Companies, Inc. Van -a Companies, Inc. . OMLR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 Parcel 122 — Resource Development Project Exhibit E - Table E-1: Primary/Preferred Re -vegetation Seed g Mixture S . ecies Scientific Name Panicur vir'gatum Bouteloua curtipendula Festuca ovina oryzopsis hymenoides Bouteloua gracilis Schizachyrium scopariurn Pot: pratensis Elytrigia elongate Bro rn us inermis Species {Common Name Switchgrass Sideoats "ama Sheep fescue Indian ricegrass Blue grama Variet Forestburg Vaughn Covar Mix 20 20 15 # • is/Acre 0.9 1.8 0.4 Little bluestenz Kentucky bluegrass Tall wheatgrass Smooth bronze Sporobolus airoides Rimrock 15 1.9 Lovington Pastura 10 05 Livingston Alkar 0.2 0.7 05 05 0.05 L1 Manchar Alkali saeaton Sporobolus cryptandrus Sand dropseed Trifolium repens Sub -TOTAL 02 0.1 01 Strawberry clover Mulch Substitute Regreen TM o'Conner 01 01 100 0.01 0.01 0.1 7.27 WheatXWheatgrass TOTAL per Acre 10.00 17.27 Rates shown are based upon drilled rates. Where nebroadcastingcessary is � 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 p ut�l�ty or from an adjusted mixture of species and rates from the Preferred or Optional Mixes, xes, in part or whole. The species described are therefore subject to change without revision rev�Slon to the permit. Regreen is a substitute for the use of mulch providing . p g live that will die out within three years as the native grasses begin express g to p res s themselves. The overall mixture is intended to provide ample geneticpotential overso ils highly variable with a reasoned mix of height, form, color, function(bunch andsod forming), and season (cool and warm season). Varra Companies, Inc. OMLR R 112 Permit Application 1July 2015 Exhibit E - Table E-2: Optional/Default Revegetation etati on Seed Mixture and Costs: ecies {Scientific Name Festuca ovina Bouteloua gracilis Poa pratensis Schizach rrium scop►ari Elytrigia elongate A ndropogon gerardi Bouteloua curtipendula Brornus inerrnis ecies {Comn'ion Name; Shte_sp fescue Blue grama Kentucky b l u e gras s u Little bluestem Tall wheat ! ass Sporobolus airoides Sporobolus cryptandrus Trifolium repens Big bluestem Sideoats grama Smooth bronze Alkali sacaton Sand dro ' seed Strawberry clover WheatXWheatgrass Variety % Mix Covar 25 Lovington Livingston Pastura Alkar Vaughn Manchar o' Conner Rates shown are based upon drilled rates. Where broadcasting is necessary rates will(*) = scary or preferred, double.Note.Trace. Some houses will not mix less than 0.1 # Since in�ce species availability may vary, the operator may substitute species eci similar utility P es of 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 to change without revision .subject g revision to the permit. Regreen is a substitute for the use of mulch, providing . live that will die out within three years as the native grasses begin to express g p' ess themselves. The overall mixture is intended to provide ample geneticpotential over . withof • 'g highly variable soils a reasoned mix height, form, color, function (bunch and sod forming),ng�� and season and warm season). #pls/Acre Varra Companies, Inc. - ol1►/ILR 112 Permit Application Parcel 122 - Resource Development Project � 1 July 2015 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 extraction under 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. Christopher L Varra, President Varra Companies, Inc. Signed and dated this day of State of ) )ss County of ) RECEIVED JUL 28 2015 DIVISION OF RECLAMATION, MINING AND SAFETY The foregoing instrument was acknowledged before me this day of by as of JESSICA HOOVER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044035571 My Commission Expires Oct, 4, 2016 Notary Public My Commission expires: Varra Companies, Inc. OMMMLR 112 Permit Application Parcel 122 — Resource Development Project 1 July 2015 1 Exhibit Q — Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District Proofs follow that verify that notice of the permit application and a copy of the Varra Companies, Inc. Parcel 122 — Resource Development Project application, including a copy ofthe completed 112 form, was personally delivered to: Weld County Board of County Commissioners 1150 O Street — Administration Bldg. P.O. Box 758 Greeley, Colorado 80632 RECEIVED and JUL 282015 Longmont Soil Conservation District Board of Supervisors ATTN: Nancy McIntyre, District Manager 9595 Nelson Road Longmont, Colorado 80501 Varra Companies, Inc. Parcel 122 — Resource Development Project DIVISION OF RECISION, MINING AM) SAFETY OMLR 112 Permit Application I July 2015 Exhibit Q — Proof of Notice to the Board of County Commissioners 6.4.17 EXHIBIT Q a Proof of Mailing of Notices to Boarc! 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(9)(a)(ri). Weld County Clerk to the Board 1 150 "0' Street Greeley, Colorado 80632 RECEIVED JUL 2 8 2015 DIVISION OF RECLAMATION, MINING AND SAFETY Subject: Colorado Division of Reclamation Mining and Safety (RMS) Office of Mined Land Reclamation (OMLR) Permit application for Varra Companies, Inc. Parcel 122 — Resource Development Protect. 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 C-1 — Extraction Plan Map. • A copy of the Exhibit F — Reclamation Plan Map If you need clarification or further assistance, please contact Varra Companies, Inc. RECEIVED JUL 242015 COMMISSIONERS � 2 Office of Special Projects (970) 353-8310. Thank -you Date Received: Received By: -7/aziksr i 0 ice of Weld County Clerk he Board Varra Companies, Inc. �,� Parcel LR I I2 Permit Application 122 — Resource Development Project I July 2015 Exhibit Q — Proof of Nonce to the Board of Supervisors Longmont Soil Conservation District 6.4.17 EXHIBIT Q - Proof of Mailing of Notices to Board of CountyCommissioners and Soil Conservation District Proof that notice of the permit application was sent to the Bo ard of County Commissioners and, if the mining operation is within the boundaries yr� es of a Soil Conservation District, to the Board of Supervisors of the local al 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 RECEIVED JUL 282015 DIVISION OF REaLAaaaTroN, MINING MD SAFETY 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 Van -a Companies, Inc. Office of Special Projects (970) 353-8310. Thank -you Date Received: Received By: a2-0/ 6 — Office of Board of Supervisors -- Longmont Soil Conservation District. Varra Companies, Inc. Parcel 122 — Resource Development Project °MLR 112 Permit Application 1 I July 2015 Exhibit R - Proof of Filing with County Clerk and Recorder 6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder An affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). Proof of filing with the County Clerk, pursuant to Subpara:ra d 1.6.2(1)(c): , ' L �` Weld County Clerk to the Board 1150 0 Street — Administration Bldg. P.D. Box 758 Greeley, Colorado 80632 Subject: JUL 2 8 2015 DIVISION OF RECUMATION, MINING AND SAFETY Colorado Division of Reclamation Mining and Safety (RMS) Office of Mined Land Reclamation (OMLR) Regular Impact (112) Pei snit application for Varra Companies, Inc. Parcel 122 — Resource Development Project. Your signature below acknowledges receipt of the above referenced permit application. The application will be placed by your Office for public inspection and review. The information will be made available to the public until final agency action by the RMS Board. as defined by C.R.S. 24-4.105(14). Date Received: Received By. .1,� aa 20/5 cAL,„4 Office of Weld County Clerk to the Board RECEIVED JUL 2 8 2015 WELD COMMISSIONERS Varra Companies, Inc. 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Varra, President U) rte, r^a.,,„, r Qizbi) 0 0 v 0 w COUNTY OF C •cif C E o 0 c3 ca its C o CO fl C tit It?) . _j . 3 -a, E o .r: (r)� (Nfl 0 a C ea E O My Commission Expires: Ga z cci 0 (Sad 4-111) P4 8 'id pa 0 Y . 4.2 cgs En oil k S +40 P"1 :4:1" 00 td 0 Co 43 0i:4�J 0) al to en a) O) cm 4-4 en 1 c1 139 v ri Z 0 sO I-0 0 Q 4 0 ri 14 0 0 vi n 1-0 Q 2 0 Q 0 ri n ^ ',0 N 0 cal *a) d en (,) 0 en z d3 U N 1/40 0,9 erc 'n tn sp , i1 COO V) di YJ P4 SC) V A) 0 •ti Q.� .—tal) co +an o 43 14 Pmf tH O4W 0 PI AP q44 0 d3 0 a 0 a, 0 a� us ex O e a En Ca 1/1 41) d3 Cd • 0-4 �+ rVr** O rd Q tu g 013 rr+ �J Q� Ca 2 rip CLO t c 0 Ca d) 03 04 4. ) eats, s eig C g 0 r sei Ctei . r 1 Cn G N 0 cn oo 0•17:\ TIMIS Cpl t+7 tt 0 ird circ re 43 4.4 0 1.4 VVV� O 0 (44 0 0.4 0 1/4O `t ) cc PI 0 0.4 cid 0 en reEi td bo rAirs 0 a) o .n 03 bl) ri .64 er! rl V cd 4-+ 0 co 4.4 Cd I) 0 ,n a rcio cs 8 Pc, ri mt.' o QiN-. to 0 0 ci HI `� O In t�atki ` . l-- 4rT.In � -. O l0 U t'.t. U gi '71 }' 0 r r1 00 r0 #.a cd 1-I ib�1 tin 4-/ da "1"- , O In 01 t 0 a CD 0 0 0 cd 0 cd OD to 00 4-+ 0 Cd 0 (k1 0 it 0 dJ LiM O3 1.4 Fn ri 0 CO tfi pa rr,as) 1-4 ter r-4 r-4 0 Q 0 r� ra 1-4 W V 7�'r! P ccs C� 41 1/40 4.4 b 4q • r•l ed 1▪ -4 0 U d.) 4-4 0 da bt} 73 cd co kn 44-4 4-4 N 0 0 f0 T on rim 42 cd cr1 F-4 en prai X1"'1 4.4 �r--I L1 0 0 ra 0 ipz Cd bri O � Thence N 08°35'29" E a distance of 468.10 feet; Thence N 36'24'31" a distance of 8.28 feet; U) 0 04 rig I td Jr: 0 0 rr43.i `-4 00 +fF� `4-1 0 A Iko Qoo 'r coo oo 0 Try on at cn Q cn 6.0 1.4 0 tre tid 14 : 2074.00 feet 0 01 1-4 ai) m cat o 00 130 tr2ros -51 O 0 (-1 CD 00 0 d3 �n i- Q d3 U • tial c rizi „do r4 132 O O N wHInsn 21 20943. PCE LL CO to c 0 E2 U) 0 )1 ire co O4 to e e a C O State: Colorado U z Co 8 z O: Ein- I-4 J 0 ( J CO cJ E CO 0 0 . CO Qt 0 0 1/)" 9 U, 441 DATE: Feb 08.20 5 9j _ • 2 tQ p 0 4a) 1:4 naml PC) Ili 0 vo C) 4 (114 ,44 I22 t 0 O‘4 3-4 m ime In S. a. 0) in tai E fn in J ( Q 'rr Edge of Trees I I t I Ii } � n co 4 b L:1] i 30' Right of Way 4- 0 0) an U)irt cso V• \' 1 en Y z 1-+ 0 g in .O (j1 S in rQ 0\ I 0 Fl to CO 0 $ INC r O t • a■ E W N en n • z 1�7 C 00 - Ii o Ic (To W ko. 0 0 rn eg M Z cL Oc F- W r., (O fcr t2 CO a 04 c10 cre. 04 CI ni a, O ( 't Q0 co '• - ' a) °' 1O I� O 0l x x X 40 • Total R.O.W. Length x C 1 16-02-72-4'r N 00035'14" W 2665.96' X I I I I i I I (U L ( V I- fr? 1 r c Aim RE 0,3'rb: itw wpm Lo cow O • O) r o IL t. ) r 0 - ON op E ■ C{]6 0 r > r C €'r} 4 Ea. a � o EC z CO 4 Cl Cl CO "GLE69 83NVJ SICI 00 co r r co BARING 14°49'41" E N 08°35'29" E N 36°24'31" W rib to co o3 CO LLi 12 L3 � Zr 1- —I „I _ x X t 0 J 2 Z 1^ 2 U 14 1n on 71 tt 4 4 ism icc.,-------- O 0-1 O 0 Cf'! (9418 0 r• r ' in en -Tr •� 'Cl se Go 5 cc()) EARING [� l in In I• N 11°42'35" E CHORD B ;ZrY in 0 '- 0 Z 174.48' r• w, CS I (CHORD LENGTI eir oi (O r DELTA ANGLE' to to a o)' r o '4 r - ARC LENGTH 0 Sri RADIUS a a 520.00' o o N- r T- W CURV 00O 0 sc a as C U) vi • n Ili------.' Or"Q r o tai 1 t N Cf] .0lc 5� a ,tq a o c 0- o�, RS . Z tcl rL EC; g r nap ..riA ve, g El c,es '� o' 51 a I ti; ti >r Oh a p eiEhCI) 2120943. PC E cC 0 C" CN to et Q C 0 U State: Colorado Q „lab U ib f.0 Z 09 ;- WS H 9 C CD J to CO0 4 U 0e Of gt, Ch >1O g 8- J 1 o taw coo ct N UI U) tti 2 a p Hello