HomeMy WebLinkAbout20153842.tiff Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick, CO 80516 Telephone (303) 666-6657 Fax (303) 666-6743
Monday 7 December 2015
To : Colorado Office of Mined Land Reclamation (Office)
Division of Reclamation Mining and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203 RECEIVED
From : Varra Companies, Inc. DEC 0 g 20f5
Bradford Janes, Forester WET COUNTY
Liaison, Office of Special Projects COMMISSIONERS
Subject: Amendment # 1 — Varra Companies, Inc.
Western Sugar Reclamation Land Development Project - OMLR Permit # :
M-2010-049 --- and follow-up pertaining to prior Office denial of our
Technical Revision #4 of 2013 .
Submitted with this correspondence, find a complete Amendment Application of one
original and four (4) copies, the Amendment Fee of $ 2, 229 .00 (Check #41278), proofs
of submittal consistent with and as part of Exhibits Q & R, and related attachments.
Following is contextual information pertaining to why and how this 'Amendment' came
about subsequent to our efforts to properly obtain approval under an OMLR Technical
Revision in 2013 .
Portions of the following were originally drafted on Thursday 29 August 2013, but never
sent. It seemed appropriate to have these comments on record to establish context for
this Amendment submittal :
On 13 August 2013, the Office wrote a letter indicating it denied our request for a
Technical Revision intended to provide the specifications for lining our completed basins
at our Western Sugar project. The stated reason is the need to change the post-mining
land use by Amendment to Developed Water Resource. The Applicant never had
opportunity to rebuttal the opinions of the Office, nor were the Application Fees
refunded. Essentially, our opinion was never considered before the Office made its
determination .
This submittal attempts to remedy the matter by applying for Amendment, instead of
persisting by way of Technical Revision, in regard to our good history and relations with
the diverse members of the Office. Still, we think some aspects of the prior submittal,
which form this Amendment, as a requirement of process asserted by the Office, needs
to be set down for continuity and durability of any subsequent interactions.
r-Pabi rZA/aO)t� 199 2015-3842
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick, CO 80516 Telephone (303) 666-6657 Fax (303) 666-6743
The original determination of the Office ignored Eieverdl references rences within the original
permit and attending adequacy review statements that clearly specify Developed Water
Resources as part of the mixed use reclamation planned for the site. Further, we had
established a practice_ of submitting 'technical Revisions for matters of this kind, as the
Applicant has sufficient waters to reclaim these basins in either a lined or an unlined
state, and provided the necessary assurances of committed water resources sufficient
to support this statement. This condition of abundant water resources, places the
Applicant in a situation unique in this industry, and affords us flexibility from which
considerations by Technical Revision were considered sufficient prior to this
circumstance and opinion of the Office,
Regardless, in light of that decision, we have closely examined the statements iivide in
the original permit and ai.tencdii7g adequacy review letters that lead us to believe the
decision on the part of the Office to deny our Technical Revision ignored the stated
intent of the original permit. Furthermore, that decision did injury and harm both to the
contract, which is the permit, and to the Applicant who kS; party to that contract, So
while the Amendment is now in the nand` of the Office, the circumstances attending to
evidence�' and t r �f. the t ;i time t ( se forth benchmark
�. . id,�r�c'F, �.:��•� facts ;�>; permit up r t ���. ,. t:� r�r,c-_ �l► _�t.i (c! be set to 1�:�_, c•lamar•k
the matter, as follows :
Taken from page 1 of the OMLR 'Lined Pit Guide — September 2000:'
INTRODUCTION
It has become a common practice to reclaim gravel pits to a developed water
resource land use through the installation of clay pit liners or slurry walls. The
purpose of these installations is to isolate the constructed water storage reservoir
from the surrounding ground water system.
Please Note : Nothing in the guidelines requires the designation of ` developed Water
Resource land use to be either 'Primary' or the 'Singular' use designation.
Taken from page 13 of the OMLR 'Lined Pit Guide — September 2000 :'
PERMITTING OPTIONS
Frequently, the process of permitting a gravel pit and lined reservoir project
precedes the design phase making it difficult and costly to prepare and application
that will qualify for the regulated construction option and the reduced bond
amount. The following list describes permitting mechanisms that may be
employed to allow application approval prior to design and specification
preparation and preserve the option to post the reduced bond amount available
under the regulated construction option.
Varra Companies, Inc. Western Sugar Land Development Project 2
OMLR Permit # : M-2010-049 Amendment 7 December 2015
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick, (:O 80516 Telephone (303) 666-6657 Fax (303) 666-6743
An application could include a general description of the clay liner or slurry
wall installation, similar to what would be sufficient under the 100 percent
performance bonding option. The application would be approved with a
commitment stating that a liner or slurry wall design, specifications, and quality
assurance plan would be submitted as a technical revision and the revision would
be approved prior to the exposure of ground water in the pit.
l ea.)c Note : The uuicleifi icy; provide or the use of a Technical chnical Revision for purpos t, U
finalizing liner specifications,
USE (as stated in the original permit application):
i_ . The lands comprising the Western ;Sugar Project are zoned 1-3 Industrial, and
the permit application primary use (check one) reflected this use. The
application ` vent on to clarify the mixed use potentials and intent of the planned
reclamation under the permit; and included plans to line the resulting basins as
resulting
part of `Developed Water Resources. ' Additional commentary in Exhibits G and
L, respectively, serve to further clarify the intent.
From Exhibit E :
All affected lands remaining above the anticipated final water
level of the basins, and not otherwise occupied by existing or
planned mixed uses, will be re-vegetated with the approved seed
mixture(s) for general agriculture. Since the existing pasture
comprised predominantly of weeds is being replaced
predominantly with native grasses, the target for release of
revegetated lands is based upon the establishment of a
stabilizing cover of predominantly native vegetation whose foliar
umbrella equals or exceeds 20 percent of the total area of the
ground as measured three inches above the native soil on a
square meter basis for typical areas of reclaimed cover achieved
within five years subsequent to the completion of all extraction
activities.
Mixed use(s), other than general agriculture will occur and may
include, but are not limited to: the retention of existing
structures as desired (e.g., processing facilities and plant(s),
concrete batch plant, asphalt batch plants, recycling facilities and
related operations, shop, scale-house/ office, and supporting
facilities (fuel depots, parking areas, oil and gas facilities access,
Varra Companies, Inc. Western Sugar Land Development Project 3
OMLR Permit # : M-2010-049 Amendment 7 December 2015
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gate Street Frederick, CO 80516 Telephone (303: 666-6657 Fax (303) 666-6743
etc.) for continued industrial - commercial use (as validated by
any co-related and required Weld County Building Permits); the
creation of unforeseen future structures, and for the use and
development of on-site water resources. Since the area of
surrounding lands is a mix of these uses, the site end use will
retain these potentials.
From Exhibit G :
The reclamation plan provides that the pits will be lined after
being mined. The lined pits will not require replacement water
and will be used for storage. There may be incidental demand for
water to establish vegetation on the site after lining is
completed. However, the ultimate demand for water will be
zero.
From Exhibit L:
NOTE: The basins resulting from extraction will be reclaimed in
an unlined state, since the operator retains sufficient water
resources to do so. The basins may be lined or otherwise
segregated from the area groundwater as an option to the
approved permit, in order to liberate the water otherwise
retained to supplement loss from evaporation in the unlined
state, Since sufficient water resources exist, the option to line
the resulting basins at an unspecified time during the life of the
permit is retained under this application and as part of the
approved permit.
Adequacy Review (as stated over several correspondence from December
2010 to March 2011)
Of special note is the Adequacy letter and reply of 23 February 2011 , In
this correspondence, any misunderstanding as to custom is intended to
be repaired by an invitation by the Office to revise page four of the 112
Application Form to reflect the multiple post mining land uses stated
throughout the permit application exhibits. This revision was made
and included in the reply, and included 'Developed Water Resources, , as
shown in the included attachment of that correspondence, now on file with the
Office . Other references relevant to intent are made manifest in the several
adequacy correspondence extracted and otherwise made evident., as follows :
Varra Companies, Inc. Western Sugar Land Development Project 4
OMLR Permit # : M-2010-049 Amendment 7 December 2015
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Cage Street Frederick, CO 80516 Telephone (303) 666-6657 Fax (303) 666-6743
From the 13 December 2010 Adequacy Reply:
18 . The applicant states in Exhibit G - Water Information, that the
pits will be lined upon the completion of mining. However, the
Reclamation Plan does not provide any details about lining the
reservoirs. Please clarify if the reservoirs will be lined or unlined.
If they are to be lined, then please provide the Division with design
specifications and detailed plan for lining the reservoirs.
Since the applicant is blessed with waters sufficient to create
unlined basins , for purposes of this submittal, the applicant desires
to maintain the option of lining extracted basins to liberate water for
other purposes than augmentation. Since this is a method reserved
for consideration under a subsequent Technical Revision with the
Office , we respectfully request the specifics of construction be
addressed at that time , since it does not bear upon current financial
or permit performance considerations under the present plan of
operations .
From the 23 February 2010 Adequacy Reply:
6 . The Applicant has stated a Technical Revision may be
submitted to allow for the lining of the pits. The Division considers
lined pits to be a developed water resource , which would constitute
a significant change from the proposed post-mining land use of
industrial/commercial and would require an Amendment rather than
a Technical Revision.
•
The creation of basins within a permit boundary will not in general
consume the entire permit or above water elements of extraction
activities. It is consistent with the Uses allowed by County
governments that developed water resources may occur under
Agricultural, Industrial , or Commercial spaces . Yet the Regular
Impact Permit form only provides for the selection of one Use .
Varra Companies, Inc. Western Sugar Land Development Project 5
OMLR Permit # : M-2010-049 Amendment 7 December 2015
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick, CO 80516 Telephone (303) 666-6657 Fax (303) 666-6743
It is our understanding that the selection should not restrict the
establishment of developing the location in a manner that elevates
the land to the highest level of Use attainable under its diverse
parts. It would appear logical that if the entire permit area cannot
be put into a basin that above ground portions will form an
alternative , and hence, multiple , Use . To narrow the range of
acceptable uses within the framework of acceptable reason and
purpose is unnaturally constrained and at odds with the purposes of
reclamation.
The current understanding of the OMLR, appears to place the
operator in a Catch 22 , whereby the above ground portions of the
permit will be at odds with the completed basin. If necessary, the
applicant will provide a change in the Use requested by the OMLR
to that of `Developed Water Resources, ' with the understanding that
all above water portions of the reclaimed permit area will revert to
the existing Industrial/Commercial designations of Weld County,
Colorado without impeding the diverse potential Use of the
contained waters.
From the 13 March 2011 Adequacy Reply:
1. The Applicant has stated a Technical Revision may be
submitted to allow for the lining of the pits. As noted in the Division's
previous Adequacy Review Letter, the Division considers lined pits to
be a developed water resource, which would constitute a significant
change from the proposed post-mining land use of
industrial/commercial and would require an Amendment rather than a
Technical Revision. The Division understands mine sites may be
reclaimed to multiple land uses. However, if the Applicant does not
identify `developed water resource' as one of the post-mining land
uses, then the Applicant will be required to amend the Reclamation
Permit should they decide to line the pits in the future. It is common
practice to identify multiple post-mining land uses on the permit
application. The Applicant should be familiar with this practice as
they have identified multiple post-mining land uses on previously
submitted permit applications (copy enclosed). The Applicant may
revise page four of the permit application to include multiple post-
mining land uses.
Varra Companies, Inc. Western Sugar Land Development Project 6
OMLR Permit # : M-2010-049 Amendment 7 December 2015
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Ga2e Street Frederick, CO 80516 Telephone (303) 666-6657 Fax (303) 666-6743
We understand now that even though the 112 form states primary
use `check one,' that more than one may be checked. The OMLR on-
line pdf form only allows for one check. Previously, we've attempted
to use text in the body of the permit to clarify multiple use matters,
only to discover the OMLR relies upon this page . Historically, a
primary use did not exclude other uses detailed by text and reason; it
was simply the `primary' use and did not exclude secondary or
multiple uses if stated in later application exhibits. As extracted
from Exhibit E -- Reclamation Plan:
Mixed use(s), other than general agriculture will occur and
may include, but are not limited to: the retention of
existing structures as desired (e.g., processing facilities
and plant(s), concrete batch plant, asphalt batch plants,
recycling facilities and related operations, shop, scale-
house/office, and supporting facilities (fuel depots, parking
areas, oil and gas facilities access, etc.) for continued
industrial - commercial use (as validated by any co-related
and required Weld County Building Permits); the creation
of unforeseen future structures, and for the use and
development of on-site water resources. Since the area of
surrounding lands is a mix of these uses, the site end use
will retain these potentials.
Attached is a revised 112 form, page 4, which replaces page 4 of the
112 form originally submitted, which also includes general agriculture
as clarification of the above statement. There was an active pivot
and former cattle yard within the industrial zoned land as a
component of the present land use. Further, since the lands are
zoned industrial by Weld County, Colorado, this may be perceived by
some as comprising the primary future use as well - but it is simply
the current zoned use.
The predominant, or primary, future use by area as a result of
reclamation of the basins is `Developed Water Resources.' The
above ground portions would constitute the other potential end uses,
yet all will be contained within the standing zoned industrial use. At
its simplest, the reclamation of the above ground portions for release
Varra Companies, Inc. Western Sugar Land Development Project 7
OMLR Permit # : M-2010-049 Amendment 7 December 2015
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick, CO 80516 'Telephone (303) 666-6657 Fax (303) 666-6743
aims at establishing the approved seed mixture to stabilize the above
water portions of the affected lands.
From the 14 January 2011 Adequacy Comments from Kate Pickford, and
subsequent reply from Joby Adams, Hydrogeologist, C.G.R.S. :
4. The application indicates that the resulting ponds may be lined. If so
the applicant must submit data regarding the resulting mounding and
shadow effects around the lined ponds and the mitigation measures that it
will take to correct these effects if it will result in impacts to surrounding
land vegetation and structures.
'A-4 - As presented to the Division on other projects the lining of a pond
has little effect on the local hydrology and water level changes that do
occur are on the order of a foot or less. Unless continuous monitoring is
implemented water level changes at any distance from the pond face are,
for all practical purposes, undetectable.'
The stated reason by OM1 , R for previous denial of the Technical Revision is that it would
constitute a ' proposed change in post- mining land use, ' and hence require an
Amendment to the permit, changing the use from `Industrial/Commercial to Developed
Water Resource . ' The. correspondence continues stating that, 'significant changes in
post- mining land use require public notice per Rule 1 .6 . ' It remains a curiosity to us as
in what manner this holds true?
In the interim, lies before you our Amendment Application, provided in respect of our
differences in this matter in a good faith attempt, in spite of our differences, to cure this
matter according to and consistent with the dictates of the Office. The application is
submitted in good faith that it fully conforms with the spirit and intent of the Act and its
attending regulations respective of the Amendment requirements and process now at
play. It should be understood; while Developed Water Resources is now the ' Primary'
end use, other mixed uses as stated in the Original Application as Approved/ remain in
effect.
Thank-you for your understanding and consideration of this submittal . Naturally/ if you
need clarification or additional information, please do not hesitate to contact us.
cc. Garrett Marra, Vice President
Varra Companies, Inc.
Varra Companies, Inc. Western Sugar Land Development Project 8
OMLR Permit # : M-2010-049 Amendment 7 December 2015
STATE OF COLOFADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman Si, Room 215
Denver, Colorado 80203 COLORADO
Phone: (303) 866-3567 CONSTRUCTION MATERIALS DIVISION OF
RECLAMATION
FAX: (303) 832-8106 REGULAR (112) OPERATION MINING
RECLAMATION PERMIT APPLICATION FORM SAFETY
Bill Ritter, Jr.
CHECK ONE: ✓ There is a File Number Already Assigned to this Operation Governor
Harris D. Sherman
P M - - - (Please reference the file number currently assigned to this operatiolplecutive Director
New Application (Rule 1 .4.5) _171Amendment Application (Rule 1 .10) Ronald W. Cattalo/
Division Director
Conversion Application (Rule 1 . 11) Natural Resource Trustee
Permit # M - 2010 - 049 -_ (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 (1) 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
Type or print clearly, in the space provided, ALL information requested below.
1 . Applicant/operator or company name (name to be used on permit): Varra Companies, Inc.
1 . 1 Type of organization (corporation, partnership, etc.): Colorado Corporation
2. Operation name (pit, mine or site name): Western Sugar Reclamation Land Development Project
3. Permitted acreage (new or existing site): 102.87 permitted acres
3.1 Change in acreage (+) - 0 - acres
3.2 Total acreage in Permit area 102.87 acres
4. Fees:
4. 1 New Application $2,696.00 application fee
4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2.229.00 amendment fee
4.5 Conversion to 112 operation (set by statute) $2,696.00 conversion fee
5. Primary commoditie(s) to be mined: sand gravel construction materials earth products
5. 1 Incidental commoditie(s) to be mined: 1 . - lbs/Tons/vr 2. / lbs/Tons/vr
3. / Ibs/Tons/vr 4. / lbs/Tons/yr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s) to be mined: urban infrastructure & development
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines
_ 2 _
6. Name of owner of subsurface rights of affected land: Refer to Exhibit O
I f 2 or more owners, "refer to Exhibit Out.
7. Name of owner of surface of affected land: Varra Companies, Inc.
8. Type of mining operation: Surface EL Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): ✓ 6th (Colorado) El 10th (New Mexico) E. Ute
SECTION (write number): nine
TOWNSHIP (write number and check direction): T five ✓ North I South
RANGE (write number and check direction): R sixty-five I I East ✓ West
QUARTER SECTION check one): I I
Q ( )
QUARTER/QUARTER SECTION (check one): ✓ NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
immediately east of Greeley, Colorado. Elevation 4,636 feet.
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude (N): deg 37 min 38 sec 41 . 00 (2 decimal places)
Longitude (W): deg 108 min 09 sec 21 . 00 (2 decimal places)
OR
Example: (N) 39.73691 °
(W) - 104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (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 2230388.85
Northing 396239. 11
- 3 -
11. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Christopher L. Varna Title: President
Company Name: Varra Companies, Inc.
Street/P.O. Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 303 ) _ 666-6657
Fax Number: ( 303 ) - 666-6743
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Bradford Janes Title: Forester
Company Name: Varra Companies, Inc.
Street/P.O. Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: f 970 ) _ 353-8310
Fax Number: ( 970 ) - 666-6743
INSPECTION CONTACT
Contact's Name: Garrett C. Varra Title: Vice-President of Operations
Company Name: Varra Companies, Inc.
Street/P.O. Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 303 ) _ 666-6657
Fax Number: ( 303 ) - 666-6743
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
- 4 -
12. Primar future (Post-mining) land use (check one):
Cropland(CR) El Pastureland(PL) General Agriculture(GA)
n Rangeland(RL) Li Forestry(FR) Wildlife Habitat(WL)
_O Residential(RS) El Recreation(RC) Industrial/Commercial(IC)
✓ Developed Water Resources(WR) D Solid Waste Disposal(WD)
13. Primary present land use (check one
IMIMINF
D_ Cropland(CR) -ONINI Pastureland(PL) -4a General Agriculture(GA)
El Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) Recreation(RC) 1Industrial/Commercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Surface extraction and processing of aggregate using heavy equipment such as dozers, front-end loaders, haul trucks, etc.
15. On Site Processing: 171Sit l Crushing/Screening
13. 1 Briefly explain mining method (e.g. truck/shovel):
Materials are extracted and removed to screens and crushers for processing into product to be sold for urban infrastructure needs
List any designated chemicals or acid-producing materials to be used or stored within permit area:
none - all fuels and lubricants will be brought in as needed on mobile equipment and vehicles
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
- 5 -
Mans 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-S, 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 I .6.2(1 )(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule I .6.2(1 )(b) ADDENDUM 1 - Notice Requirements (sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A-S, Addendum I , 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. If you
do no • understand these obligations then please contact this Office for a full explanation.
el
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;
_ 6 -
elle
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
(0
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 Office;
d 5. It is your responsibility to notify the Office of any changes in your address or phone number;
idJ 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.
01) 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.
lo4 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.
Cile 9. Annually, on the anniversary date ofpermit 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 , l 995, 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.
- 7 -
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.
_ 8 _
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)(f), 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. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any 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 and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this I CP day of ry ov `en bur 2 O 1 s
Vov'c& Compan les., 4 L4i o. If Corporation Attest (Seal)
Applicant/Operator or Compan ame
Signed: 9 4416%mm. Signed:
Cor orate Sec tary or Equivalent
Title: President Town/City/County Clerk
State of Cokrado )
) SS.
County of WQA4 )
n '
The foregoing instrument was acknowledged before me this � p day of 1 v O V e rh ei Ir ,
'2-0 I5, by Ch.r i s'apher L. Vav✓o& as Pr4siaevtt of Vat rck COnnpa. A i ts,Dhc. .
(3\65\A-r)
JESSICA HOOVER
NOTARY PUBLIC Nota ublic
STATE OF COLORADO
NOTARY ID 20044035571 j (�I I
My Commission Expires Oct. 4, 2016 My Commission expires:
SIGNATURES MUST 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
Exhibit A — Legal Description
6.4.1 EXHIBIT A -- Legal Description
(1 ) The legal description must identify the affected land , specify affected areas and
be adequate to field locate the property. Description shall be by (a), township,
range, and section , to at least the nearest quarter-quarter section and (b),
location of the main entrance to the site reported as latitude and longitude, or the
Universal Transverse Mercator (UTM) Grid as determined from a USGS
topographic map. A metes and bounds survey description is acceptable in lieu of
township, range, and section. Where available, the street address or lot
number(s) shall be given. This information may be available from the County
Assessor's Office or U.S. Geological Survey (USGS) maps.
(2) The main entrance to the mine site shall be located based on a USGS
topographic map showing latitude and longitude or Universal Transverse
Mercator (UTM). The operator will need to specify coordinates of latitude and
longitude in degrees, minutes and seconds or in decimal degrees to an accuracy
of at least five (5) decimal places (e.g. , latitude 37. 12345 N , longitude 104.45678
W). For UTM, the operator will need to specify North American Datum (NAD)
1927, NAD1983, or WGS 84, and the applicable zone, measured in meters.
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10. 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 215 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit A — Legal Description
Legal Description modified on 14 April 2011 :
A parcel of land located in part of the NW/4, NE/4 and NE/4,NW/4; Section 9; and a
portion of the S/2,S/2; Section 4; all in Township 5 North; Range 65 West; 6th P. M . ;
Weld County, Colorado; more specifically beginning from the Northeast corner of
Section 9; thence 1 ,317.97 feet S85°03'26"W to the true point of beginning at the
Northeast corner of the Parcel and Permit Boundary; then :
1258. 71 feet S00°20'17"E
427 .81 feet S81 ° 14'30"W
187. 76 feet S21 ° 15'32"W
645. 75 feet S62°39'37"\N
254.98 feet S65°08'23"W
670 .46 feet S89°30'06"W, leaving the parcel boundary and forming the West boundary
of the permit area on a line running 1652 .92 feet N00°57'02"W (note : this line
separates the permit boundary from the remainder of the parcel boundary to the East
of this line); and continuing the permit boundary until it reaches the south point of
parcel 096104302034 (containing 0. 69 vs. stated 0 .66 acres) where Weld County parcel
information is contradicted by the geometry slightly, therefore the line is modified in
order to close said parcel along the east boundary of the same (noting that the north
and west boundary of the parcel are unchanged by the stated Weld County GIS parcel
information) hence 567. 12 feet N10°01 '00"E, then continuing,301
109 .08 feet N89°59'36"E
314.01 feet N00°39'29"W
68.47 feet S77°53'39"E
725 .94 feet N75°07'41 "E
337.80 feet S88°23'21 "E
19.88 feet S01 °00'30"E
342 .79 feet S60°42'25"E
349.71 feet S29°02'36"E
352.91 feet S35°53'24"E, to the true point of beginning, and comprising 102. 18±
acres, more or less.
The mine entrance is identified on Exhibit C-2 : Extraction Plan Map, and located as
identified under NAD 83 Colorado State Plane North Zone — (UTM ZONE 13) :
Easting 2231009 .40, Northing 396631 .67 .
Varra Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
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SCALE: 1 Inch = 2,640 feet
VARRA COMPANIES, INC. DATE: 8 February 2010
8120 GAGE STREET
FREDERICK, COLORADO 80534 REVISION: ,/a S. 4 14 a
Exhibit C — Pre-Mining & Mining Plan Map
6.4.3 EXHIBIT C - Pre-mining and Mining Plan Map(s) of Affected Lands
One or more maps may be necessary to legibly portray the following
information :
(a) all adjoining surface owners of record ;
(b) the name and location of all creeks, roads, buildings, oil and gas wells and lines,
and power and communication lines on the area of affected land and within two
hundred (200) feet of all boundaries of such area;
(c) the existing topography of the area with contour lines of sufficient detail to
portray the direction and rate of slope of the affected land ;
(d) the total area to be involved in the operation , including the area to be mined and
the area of affected lands (see definition of "Affected Land");
(e) the type of present vegetation covering the affected lands; and
(f) in conjunction with Exhibit G - Water Information, Subsection 6.4.7 , if required by
the Office, further water resources information will be presented on a map in this
section.
(g) Show the owner's name, type of structures, and location of all significant,
valuable, and permanent man-made structures contained on the area of affected
land and within two hundred (200) feet of the affected land .
(h) In conjunction with Exhibit I - Soils Information, Subsection 6.4.9, soils
information may be presented on a map in this section;
(I) Aerial photos, if available, may be included in this section .
Adjoining Surface Owners Of Record As Shown On Exhibit C — Pre-Mining &
Mining Plan Map (Source: Property Owners from Weld County Assessor Records
and Utilities Directly from Utility):
Property Number Name & Address
096109100004 Crazybear, Alvis Lee &
Neuendorf, Krista Rene
1001 East 16th Street
Greeley, Colorado 80631
096109100001 Doeringsfeld & Aratas Partnership
do 8120 Gage Street
Frederick, Colorado 80516
096109100022 Goddard, Jerry N & Evelyn G
1019 East 16th Street
Greeley, Colorado 80631
096109100008 Kinsey, Charles E
096109100009 1433 Birch Avenue
Greeley, Colorado 80631
096109100007 Varra, Barbara
1031 East 16th Street
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit C -- Pre-Mining & Mining Plan Map
Greeley, Colorado 80631
096109100002 Varra Companies, Inc.
096109100003 8120 Gage Street
096109100023 Frederick, Colorado 80516
096109200012
096109200013
096104000015
096104000016
096104302008
096104302034 Richmark Real Estate Partners
096104302035 5200 W. 20th Street
096109200027 Greeley, Colorado 80631 -3863
096109200005 Briggs Trucking & Equipment Company
11350 Second Street NorthWest
Canada, XXT6S 1G2
096109200021 ET&T Pallets, Inc.
096109200023 P.O. Box 63
Kersey, Colorado 80644-0063
096109200011 Galindo, Virginia
615 East 16th Street
Greeley, Colorado 80631
096109100010 Goldman, Otoniel M
703 East 16th Street
Greeley, Colorado 80631
096109100011 Griego, Alfonso F
c/o Charlene Griego
P.O. Box 188
Greeley, Colorado 80632
096109100021 Hildred, George W
805 East 16th Street
Greeley, Colorado 80631
096109200006 Magdelano, Pete
096109200010 609 East 16th Street
Greeley, Colorado 80631
096109200018 Greeley Urban Renewal Authority
096104302032 1100 10th Street, Number 201
096104000061 Greeley, Colorado 80631
096104302009 Ogilvy Irrigation & Land Company
ATTN: Steve Cockroft, Ditch Rider
28609 WCR 57.5
Kersey, CO 80644
096104000062 Duggan, Demund J & Loa J — Trust
c/o Gerald L Davis, Trustee
P.O. Box 340
Windsor, Colorado 80550
Varra Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit C — Pre-Mining & Mining Plan Map
096109100013 Ted Gilliland Revocable Trust
1841 Pinecrest Lane
Greeley, Colorado 80631 -5232
And
821 East 16th Street
Greeley, Colorado 80631
096109100014 Vega. Santos & Luz Yadira
909 East 16th Street
Greeley, Colorado 80631
Other (Utilities, Roads, Name and Address
etc)
City of Greeley City of Greeley
ATTN: City Clerk
1100 10th Street
Greeley, Colorado 80631
Merit Energy Merit Energy
ATTN: Clay Munger, Operations Manager
1313 North Denver Avenue, Building #3
Fort Lupton, Colorado 80621
Petroleum Development Petroleum Development Corporation
Corporation ATTN: Right of Way Dept.
1775 Sherman St., Ste. 3000
Denver, Colorado 80203
Noble Energy Production, Noble Energy Production, Inc.
Inc. ATTN: Right of Way Department
1625 Broadway, Ste. 2200
Denver, Colorado 80202
DCP Midstream DCP Midstream
ATTN: Right of Way Department
370 17th Street, Ste. 2500
Denver, Colorado 80202
Century Link Century Link
Carson Ortega, Engineer III
2505 1st Ave.
Greeley, CO 80631
Varra Companies, Inc. Permit M-2010-049 3
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit D- Extraction Plan
6.4.4 EXHIBIT D - Mining Plan
The mining plan shall supply the following information , correlated with the affected
lands, map(s) and timetables:
(a) description of the method(s) of mining to be employed in each stage of the
operation as related to any surface disturbance on affected lands ;
(b) earthmoving;
(c) all water diversions and impoundments ; and
(d) the size of area(s) to be worked at any one time.
(e) An approximate timetable to describe the mining operation . The timetable is for
the purpose of establishing the relationship between mining and reclamation
during the different phases of a mining operation . An Operator/Applicant shall
not be required to meet specific dates for initiation, or completion of mining in a
phase as may be identified in the timetable. This does not exempt an
Operator/Applicant from complying with the performance standards of Section
3. 1 . If the operation is intended to be an intermittent operation as defined in
Section 34-32 . 5-103(11 )(b), C. R. S. , the Applicant should include in this exhibit a
statement that conforms to the provisions of Section 34-32 . 5-103(11 )(b) , C . R . S .
Such timetable should include:
(i) an estimate of the periods of time which will be required for the various
stages or phases of the operation ;
(ii) a description of the size and location of each area to be worked during
each phase; and
(iii) outlining the sequence in which each stage or phase of the operation will
be carried out. (Timetables need not be separate and distinct from the
mining plan , but may be incorporated therein .)
(f) A map (in Exhibit C - Pre-Mining and Mining Plan Maps(s) of Affected Lands,
Subsection 6.4. 3) may be used along with a narrative to present the following
information:
(i) nature, depth and thickness of the deposit to be mined and the thickness
and type of overburden to be removed (may be marked
"CONFIDENTIAL," pursuant to Paragraph 1 .3(3)); and
(ii) nature of the stratum immediately beneath the material to be mined in
sedimentary deposits.
(g) Identify the primary and secondary commodities to be mined/extracted and
describe the intended use; and
(h) name and describe the intended use of all expected incidental products to be
mined/extracted by the proposed operation.
(i) Specify if explosives will be used in conjunction with the mining (or reclamation) .
In consultation with the Office, the Applicant must demonstrate pursuant to
Subsection 6 . 5(4), Geotechnical Stability Exhibit, that offsite areas will not be
adversely affected by blasting .
Varra Companies, Inc . Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit D- Extraction Plan
This Amendment provides construction details for the option of lining completed basins,
as described under Exhibit G of this Amendment. These or any other changes to the
existing approved permit or related exhibits and correlated documents are either
referenced or otherwise identified in green ink only. All reclamation under this
Amendment will remain consistent with the original permit, including Developed Water
Resources as the primary end use as reflected in correspondence of 13 April 2011 as
received by OMLR on 15 April 2011 , and included in the permit as originally approved
on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment to the
original application as approved by the Office of Mined Land Reclamation on 7 July
2011 , are retained under this Amendment. Any exhibit language not shown in green is
extracted from the original permit submittal and may appear below for reference and
orientation only, consistent with Rule 1 . 10. 1( 1). A complete copy of the original
approved permit, correlated documents, revisions, and amendments can be viewed
directly at the Colorado Division of Reclamation Mining & Safety, Office of Mined Land
Reclamation, located at 1313 Sherman Street, Room 215; Denver, Colorado; or on-line
at http ://mining.state.co. us.
There are no planned revisions to this Exhibit.
Summary Status of Affected and Unaffected land as of this Amendment (Exhibit C- 1 :
Existing Conditions and Exhibit C-2 : Extraction Plan Map) :
Of the 128 . 18± Acres of lands comprising the parcel boundary, 25.31± acres of zoned
commercial/industrial lands within the City of Greeley are not included in the permit
boundary, resulting in total permit area of 102.87± acres remaining in the Weld County
1-3 Industrial Zone District. Of the 102.87± Acres to be permitted the nature of
each aspect of the affected lands are as follows:
20.84± Acres of Planned Extraction -- Tract A
12.88± Acres of Planned Extraction — Tract B
29 . 31± Acres of Planned Extraction — Tract C
11 .99± Acres of Planned Extraction — Tract D
75.02± Acres of Planned Extraction — TOTAL
Comprised of:
62.81± Acres - Completed basins (within Total Area of Extraction) — total area at
anticipated static water level .
Varra Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit D- Extraction Plan
12 .21 Acres - requiring resoling and revegetation between the anticipated static
water level of the completed basins and the extraction limits
And a remainder of:
27.85± Acres - previously affected lands remaining outside of the extraction
limits, comprised of:
4.60± Acres - Internal Access Roads
1 . 23± Acres - disturbed by existing above ground oil and gas
facilities
22.02± Acres outside area of extraction (extraction limits) requiring
revegetation only .
NOTE Well : All lands within the 102,87± acre permit area are to be considered as
affected lands under C. R.S. 34-32 .5-103( 1) respective of this permit application and
any subsequent permit revisions or amendments to the permit as originally approved .
Exhibit C- 1 : Existing Conditions and Exhibit C-2: Extraction Plan Map, show the
location, extent, and features described above; along with features made obvious in the
included aerial image of the permit location and surrounding lands. The maps also
show all man made structures located within 200 feet of the permit boundary (i .e. ,
affected lands); including creeks, roads, buildings, oil and gas wells and lines, and
power and communication lines on and within 200 feet of the affected land; as well as
all adjoining surface owners of record . A listing of the adjoining surface owner's names
and addresses are listed under Exhibit C — Text, correlated with those shown in the
aforementioned map.
The site lies within the flood plain of the Cache La Poudre River to the north, and
overlies bedrock that varies in depth from 20-25± feet along the southwest portion of
Tract B, to increasing depths to the north and east averaging 35-40± feet and dropping
to a potential depth of 70-80± feet along the Poudre River.
Geological conditions are based in part from a Preliminary Feasibility Report for
Aggregate Reserves at the Greeley Facility, as prepared by Applegate Group, Inc. in
January 2005 for The Western Sugar Cooperative. Accordingly, test bores suggest a
mean static ground water level of 8 .0± feet and generally variable from 5± to 13± feet
or deeper from the surface. Alluvial groundwater is unconfined and flows east and
`slightly toward' the Poudre River.
As stated in the report, the underlying bedrock is likely to be a hard grey to sandy
brown clay-stone or tightly cemented sandstone consistent with strata of the Laramie
Formation or Pierre Shale which outcrop north and west of the site. Bedrock contour
maps were utilized to approximate elevations resulting from extraction and
corresponding basin depths as shown on the Extraction Plan and Reclamation Plan
maps. A bedrock 'mound' is evident in the southwest portion of the map underlying the
majority of the designated Tract B.
Varra Companies, Inc. Permit M-2010-049 3
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit D- Extraction Plan
Method of mining is presently dry, with discharge of waters conducted under an
approved Colorado Dept. of Health discharge permit. Extraction utilizes, but is not
limited to, diverse heavy equipment; including, backhoes, scrapers, excavators, dozers
and related heavy equipment. A grader and water truck maintain access throughout
operations. Access is clearly indicated under Exhibit C- 1 : Existing Conditions and
Exhibit C-2 : Extraction Plan Map.
Primary access is approximately 657 .0± feet east of Ash Avenue behind a commercial-
industrial lot owned and controlled by Varra Companies, Inc. The lot itself is flanked on
its western boundary by Ash Avenue. Access from the permit boundary will be through
the existing lot. The commercial industrial lot is surrounded by other industrial lands
and uses when turning from that lot either north or south onto Ash Avenue itself.
Wet and/or dry plant processing operations will occur near the eastern permit boundary
on previously affected lands comprising the last area of extraction identified as Tract A
on Exhibit C-2 : Extraction Plan Map. The specific plant operations will be clarified by a
later Technical Revision to the Division, but are generally comprised of portable
equipment. A small wash pond may be established within Tract A or an adjacent
existing pit, or as otherwise identified in the correlated Technical Revision .
Materials may be processed and scaled at the adjacent Durham Project until similar
facilities are established within the approved permit boundary. Provisions for a
materials processing plant, a concrete and/or asphalt batch plant, and periodic use of
recycling facilities and related plant, remain a necessary inclusion to operations under
this permit. Any material processing facilities, recycling facilities, recycling plant, or
concrete and/or asphalt batch plant locations will be determined and identified in a later
Technical Revision to the approved permit, and are mentioned for purposes of
establishing these activities as approved uses under this submittal . Additionally,
adjacent lands may have asphalt or concrete batch plant operations serviced by the
permit, but will occur on adjacent lands under a separate approved municipal permit
with the City of Greeley, and such operations and attending stockpiling or other surface
disturbances or features should not be considered part of this permit or extraction
activities requiring permitting under the Act.
Known structures and landowners, including above and below ground utility owners,
located on and within 200± ft. of the permit boundary are shown on Exhibit C- 1 :
Existing Conditions and Exhibit C-2 : Extraction Plan Map. Exhibit S — provides
certification from a registered professional engineer that these structures will not be
harmed by planned operations; nor has any evidence of harm evidenced itself over the
nearly 60± years of operations at the adjacent Durham Project.
A 1600± linear foot standard morphing extraction front is comprised of a 1 . 25H : 1V face
along an approximate 800- 1200± linear foot advancing; wall with trailing side slopes up
Varra Companies, Inc. Permit M-2010-049 4
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit D- Extraction Plan _
to 400 total linear feet combined along either side of the advancing wall where it serves
to define the predetermined boundary of the extraction limits shown on Exhibit C-2 :
Extraction Plan Map. Concurrent grading follows immediately behind the trailing side
slopes as they occur along the extraction limits. This morphing extraction front, with its
advancing wall, trailing side slopes, and concurrent reclamation along the extraction
limits is approximate for all active Tracts.
The 1600± linear foot total extraction front is 'morphing' in that the total linear feet of
the front will not exceed 1600± linear feet, however, the advancing wall and side slopes
may deviate from the 'standard' lengths described above. For example: If the
advancing wall is only 600± linear feet, trailing side slopes may have a combined length
pending finished grading of up to 1 ,000± linear feet. Another example is if the
advancing wall is 1,400± linear feet long, there is only 200± linear feet of trailing wall,
and operations must be more Johnny on the spot in keeping up with concurrency in this
configuration. So the ` morphing of the front generally affects the pace of concurrent
reclamation of the trailing wall .
Extraction activities will continue to remove aggregate from approximately 15-25± feet
along the southwest, to a mean depth of 35-40 . 0± feet at center, with a potential total
depth to 70-80± feet along to the Cache La Poudre River. Since anomalous depths
greater than 40± feet may occur, any extraction deeper than 40± feet in depth, may be
extracted either dry, or wet. If extracted wet, a dredge may be utilized for the removal .
Regardless, all final basin (pond) slopes will conform at a minimum to Rule 3 . 1 . 5(7).
The general direction of extraction activities over the diverse Tracts is shown on Exhibit
C-2 : Extraction Plan Map. Extraction will occur no closer than 10± feet from the permit
boundary, man made structures, easements and right-of-ways; except for well heads
and above ground oil and gas facilities. Extraction will occur to within 25± feet of well
heads and related above ground facilities. Extraction around well heads will be
concurrently backfilled to maintain a 100± foot buffer from the balance of extracted
lands. At all times, safety will take precedent and over-ride all other conditions in time
with a matter of safety or emergency respective to and all aspects of the approved
permit.
Tracts are used instead of Phases to describe the activities, since each Tract can be
accessed concurrently instead of sequentially with the other; and per Exhibit L —
Reclamation Costs, accelerated extraction only serves to decrease the overall
reclamation liability and accelerate final reclamation and site stabilization of the
property as a whole. Therefore, any method that accelerates the above timetable will
be utilized, based upon market conditions and the capacities of the operator.
Because the permit area is entirely affected and degraded from past uses, the method
of extraction functions to effect reclamation first on the most disturbed portions of the
parcel; essentially where soil is absent, hence reclaiming previously spoiled lands that
Varga Companies, Inc. Permit M-2010-049 5
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit D- Extraction Plan
might not otherwise be reclaimed. Essentially, since Tracts A and B are void of soil ,
Tract B will be extracted first while plant operations are established over Tract A.
Extraction will then follow over Tracts C, D, and A. Simultaneous extraction with Tract
B in other Tracts may occur by simply providing additional warranty for Standard
Extraction Fronts, as previously described above and detailed under Exhibit L —
Reclamation Costs.
Set up of Plant operations and on-set of extraction activities in Tracts A and B,
respectively, will better allow for the use of over the shoulder removal of soil from
Tracts C and D to effect the reclamation of the designated affected lands in Tracts A
and B. The timetable for extraction, commencing approximately fall to winter 2010; is
estimated to take 20± years combined followed by an additional five years to complete
reclamation; or a total estimated life of the mine of 25± years; ending approximately
winter 2035-36.
Varra Companies, Inc. Permit M-2010-049 6
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit E — Reclamation Plan
6.4.5 EXHIBIT E - Reclamation Plan
( 1 ) In preparing the Reclamation Plan , the Operator/Applicant should be specific in
terms of addressing such items as final grading (including drainage) , seeding ,
fertilizing, revegetation (trees, shrubs, etc. ) , and topsoiling . Operators/Applicants
are encouraged to allow flexibility in their plans by committing themselves to
ranges of numbers (e.g. , 6"-12" of topsoil) rather than specific figures.
(2) The Reclamation Plan shall include provisions for, or satisfactory explanation of,
all general requirements for the type of reclamation proposed to be implemented
by the Operator/Applicant. Reclamation shall be required on all the affected
land . The Reclamation Plans shall include:
(a) A description of the type(s) of reclamation the Operator/Applicant
proposes to achieve in the reclamation of the affected land , why each was
chosen, the amount of acreage accorded to each , and a general
discussion of methods of reclamation as related to the mechanics of
earthmoving ;
(b) A comparison of the proposed post-mining land use to other land uses in
the vicinity and to adopted state and local land use plans and programs.
In those instances where the post-mining land use is for industrial,
residential , or commercial purposes and such use is not reasonably
assured , a plan for revegetation shall be submitted . Appropriate evidence
supporting such reasonable assurance shall be submitted ;
(c) A description of how the Reclamation Plan will be implemented to meet
each applicable requirement of Section 3. 1 ;
(d) Where applicable, plans for topsoil segregation, preservation , and
replacement; for stabilization , compaction, and grading of spoil ; and for
revegetation . The revegetation plan shall contain a list of the preferred
species of grass, legumes, forbs, shrubs or trees to be planted , the
method and rates of seeding and planting , the estimated availability of
viable seeds in sufficient quantities of the species proposed to be used ,
and the proposed time of seeding and planting;
(e) A plan or schedule indicating how and when reclamation will be
implemented . Such plan or schedule shall not be tied to any specific date
but shall be tied to implementation or completion of different stages of the
mining operation as described in Subparagraph 6.4.4( 1 )(e). The plan or
schedule shall include:
(i) An estimate of the periods of time which will be required for the
various stages or phases of reclamation;
(ii) A description of the size and location of each area to be reclaimed
during each phase; and
(iii) An outline of the sequence in which each stage or phase of
reclamation will be carried out.
(The schedule need not be separate and distinct from the Reclamation
Plan, but may be incorporated therein.)
(f) A description of each of the following:
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit E -- Reclamation Plan
(i) Final grading - specify maximum anticipated slope gradient or
expected ranges thereof;
(ii) Seeding - specify types, mixtures, quantities, and expected time(s)
of seeding and planting ;
(iii) Fertilization - if applicable, specify types , mixtures, quantities and
time of application ;
(iv) Revegetation - specify types of trees, shrubs, etc. , quantities, size
and location; and
(v) Topsoiling - specify anticipated minimum depth or range of depths
for those areas where topsoil will be replaced .
This Amendment provides construction details for the option of lining completed basins,
as described under Exhibit G of this Amendment. These or any other changes to the
existing approved permit or related exhibits and correlated documents are either
referenced or otherwise identified in green ink only. All reclamation under this
Amendment will remain consistent with the original permit, including Developed Water
Resources as the primary end use as reflected in correspondence of 13 April 2011 as
received by OMLR on 15 April 2011, and included in the permit as originally approved
on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment to the
original application as approved by the Office of Mined Land Reclamation on 7 July
2011, are retained under this Amendment. Any exhibit language not shown in green is
extracted from the original permit submittal and may appear below for reference and
orientation only, consistent with Rule 1 . 10. 1( 1) . A complete copy of the original
approved permit, correlated documents, revisions, and amendments can be viewed
directly at the Colorado Division of Reclamation Mining & Safety, Office of Mined Land
Reclamation, located at 1313 Sherman Street, Room 215; Denver, Colorado; or on-line
at http:/mining .state.co. us.
There are no planned revisions to this Exhibit.
This application provides substantial detail of features utilizing aerial photography that
is ortho-rectified to approximately 1 .0± percent of surveyed accuracy. This highly
accurate and detailed portrayal of the mining and reclamation is visible under Exhibit C-
1 : Existing Conditions and Exhibit C-2 : Extraction Plan Map, and, Exhibit F —
Reclamation Map . How reclamation will occur over affected lands is further detailed
under Exhibit L — Reclamation Costs.
As extraction progresses over planned areas in Tracts A, B, C and D; the resulting
1 .25H : 1V slopes created during extraction will be concurrently modified by pushing the
resulting pit bottom with a dozer until the resulting basin slopes conform with Rule
Varra Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit E — Reclamation Plan
3 . 1 .5(7). Lands above the anticipated final water level of the basins and within 10 .0±
feet below the anticipated final water level of the basins will be graded to 3H : 1V, or
flatter. Lands below 10 .0± feet from the anticipated final water level of the basins may
approach 2H : 1V. Naturally occurring or previously established slopes may exceed
2H : 1V where not otherwise affected by extraction activities and may not be altered as
part of reclamation unless necessary to facilitate the reclamation of affected lands.
A Backfill Notice is included with this application as an Addendum at the back of Exhibit
E — Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end-
use potentials beyond water storage, which may include residential, commercial or
industrial structures or uses otherwise approved, now or in the future, by Weld County,
Colorado or any subsequent municipality resulting from annexation . The extent and
nature of the water storage basin represents the maximum build-out respective of
optimal extraction of commercial product and resulting final slopes.
All affected lands between the extraction limits and remaining above the anticipated
high water mark of the basins will be capped with a minimum of six (6.0±) inches of
soil, as supported by Exhibit I & J — Soils and Vegetation Information. Timing and use
of soil is detailed further under Exhibit I & J - Soils and Vegetation Information and
Exhibit L — Reclamation Costs. Where compacted lands exist, and are to be
revegetated, those locations will be ripped prior to re-soil application . There are no
known areas of compaction at the time of this application which would require such
activity; and ripping remains a contingency of the application .
The final land configuration results in four reservoir basins totaling 62.81± surface acres
(refer to Exhibit F : Reclamation Map). The balance of unoccupied affected lands above
the anticipated static water level will be stabilized where necessary utilizing the seed
mixture under Exhibit L - Table L- 1 : Primary/Preferred Re-vegetation Seed Mixture and
Costs. Lands not otherwise occupied will be later developed to the highest possible
end-use, and will likely comprise a mixed use which may include other agricultural uses
as well as light residential, commercial or industrial uses.
All affected lands remaining above the anticipated final water level of the basins, and
not otherwise occupied by existing or planned mixed uses, will be re-vegetated with the
approved seed mixture(s) for general agriculture. Since the existing pasture comprised
predominantly of weeds is being replaced predominantly with native grasses, the target
for release of revegetated lands is based upon the establishment of a stabilizing cover
of predominantly native vegetation whose foliar umbrella equals or exceeds 20 percent
of the total area of the ground as measured three inches above the native soil on a
square meter basis for typical areas of reclaimed cover achieved within five years
subsequent to the completion of all extraction activities.
Mixed use(s), other than general agriculture will occur and may include, but are not
limited to: the retention of existing structures as desired (e.g . , processing facilities and
Varra Companies, Inc. Permit M-2010-049 3
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit E — Reclamation Plan
plant(s), concrete batch plant, asphalt batch plants, recycling facilities and related
operations, shop, scale-house/office, and supporting facilities (fuel depots, parking
areas, oil and gas facilities access, etc. ) for continued industrial - commercial use (as
validated by any co-related and required Weld County Building Permits); the creation of
unforeseen future structures, and for the use and development of on-site water
resources. Since the area of surrounding lands is a mix of these uses, the site end use
will retain these potentials.
The rate of reclamation activity, including grading, soiling and revegetation will follow
concurrently with extraction and the respective timetables identified for extraction
under Exhibit D — Extraction Plan. AU timetables are contingent upon market
conditions, therefore, a probable range of time is indicated . With extraction activities
anticipated to take up to 20 years to complete, reclamation will add an approximately
five years to this estimate, bringing the anticipated life of the mine to 25± years, or the
year 2035 .
A Backfill Notice follows this page, as part of this Exhibit. The use of inert fill will
facilitate the timely fill of selected portions of the project area as desired, and related
reclamation of affected lands and use of related water resources (refer to Exhibit L —
Reclamation Costs).
Varra Companies, Inc. Permit M-2010-049 4
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit E — Reclamation Plan
BACKFILL NOTICE
Inert fill may be imported or utilized from existing sources, along with processing fines and
reject material to fill portions of Tracts A, B, C, and D — 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 will not exceed the total volume of material extracted from the
location, or as otherwise determined. The date of fill activity will commence at onset of
approval of this application, and continue for the life of the project, estimated at 25± years.
Material will be mixed with on-site processing fines and reject prior to fill to eliminate void
spaces, where necessary.
The filled portions of a given tract will be re-vegetated with the approved seed mix where it
meets the conditions described under Exhibit E — Reclamation Plan. 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.
1, Christopher L. Varra, hereby attest that the material to be utilized as inert fill in the area
described as the Western Sugar Reclamation Land Development Project, is clean and inert as
defined in Rule 1 . 1 (20) of the Rules and Regulations.
Christopher L. Varra, President
Varra Companies, Inc.
Varra Companies, Inc. Permit M-2010-049 5
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit F — Reclamation Plan Map
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10. 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 215 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Refer to the Exhibit F : Reclamation Plan Map, for information required under this
exhibit.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit G — Water Information
6.4.7 EXHIBIT G - Water Information
( 1 ) If the operation is not expected to directly affect surface or groundwater systems,
a statement of that expectation shall be submitted.
(2) If the operation is expected to directly affect surface or groundwater systems, the
Operator/Applicant shall:
(a) Locate on the map (in Exhibit C) tributary water courses, wells, springs,
stock water ponds, reservoirs, and ditches on the affected land and on
adjacent lands where such structures may be affected by the proposed
mining operations;
(b) Identify all known aquifers; and
(c) Submit a brief statement or plan showing how water from de-watering
operations or from runoff from disturbed areas, piled material and
operating surfaces will be managed to protect against pollution of either
surface or groundwater (and, where applicable, control pollution in a
manner that is consistent with water quality discharge permits), both
during and after the operation .
(3) The Operator/Applicant shall provide an estimate of the project water
requirements including flow rates and annual volumes for the development,
mining and reclamation phases of the project.
(4) The Operator/Applicant shall indicate the projected amount from each of the
sources of water to supply the project water requirements for the mining
operation and reclamation.
(5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has
acquired (or has applied for) a National Pollutant Discharge Elimination System
(NPDES) permit from the Water Quality Control Division at the Colorado
Department of Health, if necessary.
This Amendment is intended to satisfy the option of lining approved basins. The basins
identified in the original Office of Mined Land Reclamation (OMLR) permit are presently
approved and bonded for both the lined and unlined state. The permit provides for the
option that the basins be lined in order to liberate the waters presently securing the
exposed groundwater in the unlined condition. The previous effort to detail the
methodology and procedures to line the basins with the approved change in the original
permit via a technical revision were later rejected defacto by the Office of Mined Land
Reclamation (OMLR), and an Amendment to assure notification of adjacent landowners
was mandated instead . This submittal is intended to satisfy that mandate to assure the
assure the OMLR that lined basins will comply with state law.
To satisfy the concerns of the OMLR, included with this revision is a report on the
potential for shadowing and mounding by AWES, LLC of 27 June 2013 . The report
concludes :
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit G — Water Information
'. . .that lining mined gravel pits has almost unmeasurable influences to the
surrounding groundwater hydrology and does not change hydraulic gradients
beyond the variations that would normally be expected in the geologic settings
associated with the operation.`
We anticipate the OMLR will concur with this analysis. Once operations near completion
of any lined basin, the Colorado Department of Water Resources Office of the State
Engineer (OSE) will be contacted and the lined basins will be approved prior to use.
The OSE approval letter will be provided to the OMLR as a condition of the permit and
satisfaction that the lined basin has met the specifications necessary to pass a liner test
as part of the OSE approval process.
(1 ) Operations will not adversely affect surface and groundwater systems. The
manner and method of extraction is detailed under Exhibit D — Extraction Plan .
Anticipated effects on surface flows are anticipated to be minor to none.
Essentially, the flood plain covers the property and unless under flood
conditions, upland overland flows are generally diverted by existing access roads
or grassed drainage channels, or drain internally into existing or planned basins.
(2) (a) Please refer to Exhibit C- 1 : Existing Conditions Map.
(b) The known aquifer under the site is the stream alluvium .
(c) Discharge water will be dissipated with hard surface riprap or established
grassed waterways. Other waters are retained by internal pit drainage, directed
by vegetated berms or established waterways or through the maintenance or
establishment of a stabilizing cover of vegetation, or as otherwise established
under an approved Colorado Department of Health stormwater permit and/or
stormwater discharge permit.
(3) The three components of the project water requirements are water removed with
the product, dust control, and evaporation from exposed ground water. Dust will
be controlled using truck sprinklers, and the estimated frequency is one load per
day. At 2,500 gallons of truck capacity, the annual demand is 2 .80 acre-feet.
After the water table is encountered, the water removed with the estimated
800,000 tons of product is 23. 55 acre-feet per year. The estimated net
evaporation is 1 .419 feet per year. At the maximum potentially exposed ground
water of 62 .81 acres, the annual evaporation is 89. 13 acre-feet. The monthly
distribution of these estimates is shown in the following table. The reclamation
plan provides that the pits will be lined after being mined . The lined pits will not
require replacement water and will be used for storage. There may be incidental
demand for water to establish vegetation on the site after lining is completed.
However, the ultimate demand for water will be zero.
Van-a Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit G -- Water Information
MONTH PRODUCT DUST NET EVAP USE
CONTROL
Tons af Trucks af ac af af
November 40,000 1 . 18 3 0.23 62.81 5.78 7. 19
December 40,000 1 . 18 31 0.24 62.81 4.97 6.39
January 40,000 1 . 18 31 0.24 62.81 4.78 6.20
February 36,000 1 .06 28 0.21 62.81 6.36 7.63
March 40,000 1 . 18 31 0.24 62.81 7.95 9.37
April 80,000 2.35 30 0.23 62.81 9.69 12.27
May 85,000 2.50 31 0.24 62.81 10.49 13 .23
June 92,000 2.71 30 0.23 62.81 10.77 13 .71
July 93,000 2.74 31 0.24 62.81 8.36 11 .34
August 90,000 2.65 31 0.24 62.81 7.67 10.56
September 85,000 2.50 30 0.23 62.81 6.61 9.34
October 79,000 2.33 31 0.24 62.81 5.70 8.27
Apr-Octj 604,000 17.781 214{ 1 .65 59.29 78.72
TOTAL 800,000 23.561 3651 2.81 89. 13 115.50
(4) Water will be supplied by two sources: shares of the Rural Ditch Company and
water decreed in Case No. 01CW274. VCI owns four shares of Rural Ditch
Company. From April through October, water use at the site will be replaced to
the stream system using the historical consumptive use credits from any of the
sources and/or from storage. The monthly distribution of the historical
consumptive use is shown in the following table :
HISTORICAL CONSUMPTIVE USE
All Values in Acre-Feet
APR MAY JUN JUL AUG SEP OCT ANN
Rural 5.4 23.3 54. 1, 84.3 61 .81 27. 1 9.5 265. 5
Water in excess of this mine's and other VCI obligations will be stored and used
to replace the water use from November through March. The storage sites are
lined pits described in Case No. 01CW274 decree. Water available under these
storage decrees will also be stored and used for VCI operations. The storage
facilities are listed in the following table. Those currently lined and approved by
the state are 112 and Dakolios.
Varra Companies, Inc. Permit M-2010-049 3
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit G — Water Information
VCI STORAGE FACILITIES (All Values in Acre-Feet)
Reservoir Active Capacity, a-f Dead Storage,
a-f
112 1,552 0
Dakolios 1,900 0
Von Ohlen 1 ,300 0
Kurtz 4,000 0
Total NOT TO EXCEED 0
7,500 A-F PER
YEAR
•
S i
(5) A Colorado Wastewater Discharge Permit System Permit has been applied for
with the Colorado Department of Health .
Varra Companies, Inc. Permit M-2010-049 4
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
a
a1 M % AWES, L LC
7 11
r .414 Fort Collins, Colorado, USA
June 27, 2013
Varra Companies
8120 Gage Street
Frederick, Colorado 80516
Attn: Mr. Garrett Varra
RE : Shadow/Mounding Analysis
AWES No. 1-3-1320
Dear Mr. Varra:
You have requested that I provide an opinion on possible effects that lining excavated gravel mines
can have on local groundwater hydrology - specifically shadow and mounding effects created by the
presence of a low permeability barrier. My opinion is that lining active or inactive gravel mines will
deflect groundwater around the barrier, but hydraulic gradients changes at any distance away from
the barrier will be insignificant. My rational for this opinion is provided below.
Varra Companies, Inc., (Varra) has two lined pits used for water storage that were lined in 2003 (Pit
112) and 2010 (Pit 110). The method of lining was compacting several feet of clay and shale bedrock
on the side walls of the pits, thus creating a low permeability liner. Varra installed 13 monitoring
wells at each of these locations and obtained water levels on a periodic basis. Pit 110 consists of two
lined pits and Pit 112 is a single pit. The locations of these pits are depicted on Figure 1. The
monitoring well locations are depicted on Plates 1 through 4, which are included in Attachments A
and B.
In order to evaluate the effects of low permeability liners on the local groundwater hydrology, I used
the geo-statistical model Surfer® to evaluate groundwater flow direction and gradients in the
vicinity of the pits. I input water level data obtained from the monitoring wells for the months of
January and July 2012, at each location. I chose these months to evaluate possible changes that
might occur from irrigation returns in the vicinity of the pits. After the model runs were competed, I
used a vector analysis to depict variation in gradient and flow direction. Model runs for Pits 112 and
110 are presented in Attachments A and B, respectively.
A review of both Attachments show that groundwater is being deflected around the pits, but the
changes in gradients are so minor the model also predicts that groundwater will flow through the
pits as well — this indicates the liners are competent and that there is little to no hydraulic
connection between the aquifer and pond. For graphical purposes, 1 superimposed red lines that
represent the primary groundwater flow patterns in the vicinity of the pits. The vector analysis
shows very minor changes in hydraulic gradients up and down stream of the pits indicating shadow
and mounding are not occurring.
AISAWIES 4809 Four Star Court, Fort Collins, CO 80524 970-590-3807
Shadow/Mounding Analysis
Varra Gravel Operations
Longmont, Colorado
Page 2
In July of 2010, I provided Varra with the results of a groundwater model simulation of an
impermeable barrier in a uniform flow field. The model results closely approximate actual field
conditions as documented from water level data obtained by Varra . That analysis is presented in
Attachment C.
This analysis indicates that lining mined gravel pits has almost unmeasurable influences to the
surrounding groundwater hydrology and does not change hydraulic gradients beyond the variations
that would normally be expected in the geologic settings associated with your operations. It is my
understanding the Division of Reclamation and Mine Safety has requested technical revisions to
your mine permits for the placement of liners at active operations such as Great Western Sugar.
Until the pits are completely lined and dewatering is no longer occurring a static analysis cannot be
performed, however, the analysis presented should be valid for mines in similar geologic settings.
If you have any questions regarding this letter or attachment, please contact me at 970-590-3807.
Sincerely,
AWES, LLC
cz3;1---) Afola
Joby L. Adams, P.G.
Principal Hydrogeologist
sto.AIVES 4809 Four Star Court, Fort Collins, CO 80524 970-590-3807
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ATTACHMENT B
PIT 110 VECTOR ANALYSIS
Plate 3 - Pit 110 Vector Analysis
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Note - Contour Interval = 1 foot
Jan 2012 Water Level Data
Plate 4 - Pit 110 Vector Analysis
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Jly 2012 Water Level Data
ATTACHMENT C
Groundwater Model Analysis
July 1 , 2010
Mr. Garrett Varra
Varra Companies, Inc.
8120 Gage Street
Frederick, Colorado 80203
Re: Water Impoundment Hydrology
CGRS No. 1 -135-10807ab
Dear Garrett:
This letter and attachments address comments presented by Colorado Division
of Reclamation, Mining and Safety regarding mounding and shadowing related to
water impoundments.
Any impoundment or pond that holds water at an elevation above the
surrounding water table will have the potential of increasing the water table
elevation (mounding) at some distance from the pond, which is determined by
the total groundwater-pond head difference. For ponds that are large in areal
extent the distance to no influence on the upstream side is usually less than the
downstream side as the head difference will be less based on the water table's
hydraulic gradient. The influence imposed by the pond can be estimated by one
dimensional unconfined flow solutions presented by McWhorter and Sunada,
1977. Numerical models can be used but we have found model results generally
agree well with analytical solutions. An example calculation using a one
dimensional unconfined flow equation is presented as Attachment A.
In most unconfined flow regimes we consider the distance to no influence (or
measurable influence) generally to be on the order of 600 feet. For your
operations it appears the pond and groundwater head difference is on the order
of five feet. Given this scenario at 100 and 300 feet from the pond the resulting
mounding would be four and two feet, respectively. We advise that great care be
given when constructing water impoundments (lined or unlined) within 100 feet
of any subsurface structures.
We have evaluated the affects of impermeable barriers on groundwater
hydrology by using the analytical model TWODAN. We simulated a uniform flow
field using aquifer properties typically associated with sand and gravel deposits.
We then simulated an impermeable barrier within the flow field . The results
indicate that the groundwater hydrology is modified but only severely in very
close proximity to the barrier. Upstream of the barrier the hydraulic gradient will
increase and will decrease downstream of the barrier. Hydraulic gradient
changes of between one and two feet are observed within 15 feet of the barrier
wall but are negligible at any significant distance from the hydraulic structure. A
P.O Box 1489 Fort Collins, CO 80522 1 800 -288-2657 F 970 .493 . 7986 www .cgrs.corn
IT you nave any questions regarding this letter, please contact me at 970-493-
7780 .
Sincerely,
CGRS, Inc.
Johy L. Adams. P. G.
Principal/Hydrogeologist
vvater Kesource ruoucations, Littleton, Voioraao, pp 14b-14ö.
ATTACHMENT A
UNCONFINED FLOW ANALYSIS
JprCdubr 'eel '. aruUrale' 'Jrre uiirrerisiurrar rleau ul5[riouUon kunconiinea)
h = )hi2 + X1. (H2 - hi`)
H Head at no influence (ft) 4808
h Head at point of interest (calculated) LAMA
hi Head at retention pond 4$13
X Distance from pond to point of interest (ft) 300
L Distanct to no influence (ft) 600
ATTACHMENT B
BARRIER WALL MODEL RESULTS
U -
86 ! _ _
1 \ -
4 8
88 __ - - - - - - - —
90 1
i 4)
88 \92
- Li - - - -- - — - -- -
1 J. _ _ li
92 lis,
L
gQ,
A
6 j___+e__196
98
9
) 100 -1f
-- - - - Approximate Gradient Line in Uniform Flow
X span: 0 to 800 Y span: 0 to 800
Impermeable Barrier Solution
Varra Companies
Exhibit H — Wildlife Information
6.4.8 EXHIBIT H - Wildlife Information
( 1 ) In developing the wildlife information, the Operator/Applicant may wish to contact
the local wildlife conservation officer. The Operator/Applicant shall include in this
Exhibit, a description of the game and non-game resources on and in the vicinity
of the application area, including:
(a) a description of the significant wildlife resources on the affected land;
(b) seasonal use of the area;
(c) the presence and estimated population of threatened or endangered
species from either federal or state lists; and
(d) a description of the general effect during and after the proposed operation
on the existing wildlife of the area, including but not limited to temporary
and permanent loss of food and habitat, interference with migratory
routes, and the general effect on the wildlife from increased human
activity, including noise.
(2) The application may be reviewed and commented upon by the State of Colorado
Division of Wildlife (DOW). If the DOW has comments, they must be provided
prior to the end of the public comment period specified in Subsection 1 .7. 1 (2)(a)
to be considered by the Board and Office.
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10. 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 215 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit I & J — Soils & Vegetation Information
6.4.9 EXHIBIT I - Soils Information
( 1 ) In consultation with the Soil Conservation Service or other qualified person , the
Operator/Applicant shall indicate on a map (in Exhibit C) or by a statement, the
general type, thickness and distribution of soil over the affected land . Such
description will address suitability of topsoil (or other material) for establishment
and maintenance ofplant growth. The above information shall satisfy
"completeness" requirements for purposes of determination of date of filing.
(2) If necessary, at its discretion, the Board may require additional information on
soils or other growth media to be stockpiled and used in revegetation to be
submitted subsequent to the filing and notification of "completeness" of the
application.
6.4.10 EXHIBIT J - Vegetation Information
(1 ) The Operator/Applicant shall include in this Exhibit a narrative of the
following items:
(a) descriptions of present vegetation types, which include quantitative
estimates of cover and height for the principal species in each life-form
represented (i.e. , trees, tall shrubs, low shrubs, grasses, forbs);
(b) the relationship of present vegetation types to soil types, or alternatively,
the information may be presented on a map; and
(c) estimates of average annual production for hay meadows and croplands,
and carrying capacity for range lands on or in the vicinity of the affected
land, if the choice of reclamation is for range or agriculture.
(2) The Operator/Applicant shall show the relation of the types of vegetation to
existing topography on a map in Exhibit C. In providing such information, the
Operator/Applicant may want to contact the local Soil Conservation District.
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit I & J — Soils & Vegetation Information
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10 . 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 215 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Varna Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit K - Climate
6.4.11 EXHIBIT K — Climate
Provide a description of the significant climatological factors for the locality.
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10. 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 215 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit L — Reclamation Costs
6.4.12 EXHIBIT L - Reclamation Costs
( 1 ) All information necessary to calculate the costs of reclamation must be submitted
and broken down into the various major phases of reclamation . The information
provided by the Operator/Applicant must be sufficient to calculate the cost of
reclamation that would be incurred by the state.
(2) The Office may request the Operator/Applicant to provide additional, reasonable
data to substantiate said Operator/Applicant's estimate of the cost of reclamation
for all Affected Lands.
SUMMARY OVERVIEW:
Summary Status of Affected and Unaffected land as of this Amendment (Exhibit C-1 :
Existing Conditions and Exhibit C-2 : Extraction Plan Map) :
Of the 128 . 18± Acres of lands comprising the parcel boundary, 25 .31± acres of zoned
commercial/industrial lands within the City of Greeley are not included in the permit
boundary, resulting in total permit area of 102 .87± acres remaining in the Weld County
1-3 Industrial Zone District. Of the 102.87± Acres to be permitted the nature of
each aspect of the affected lands are as follows:
20.84± Acres of Planned Extraction — Tract A
12 .88± Acres of Planned Extraction — Tract B
29.31 ± Acres of Planned Extraction — Tract C
11 .99± Acres of Planned Extraction — Tract D
75.02± Acres of Planned Extraction — TOTAL
Comprised of:
62.81 ± Acres - Completed basins (within Total Area of Extraction) - total area at
anticipated static water level.
12.21 Acres - requiting resoiling and revegetation between the anticipated static
water level of the completed basins and the extraction limits
And a remainder of:
27.85± Acres - previously affected lands remaining outside of the extraction
limits, comprised of:
4.60± Acres - Internal Access Roads
1 .23± Acres — disturbed by existing above ground oil and gas facilities
22 .02± Acres outside area of extraction (extraction limits) requiting revegetation
only .
NOTE Well : All lands within the 102 .87± acre permit area are to be considered as
affected lands under C.R.S. 34-32. 5- 103( 1) respective of this permit application and
any subsequent permit revisions or amendments to the permit as originally approved .
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit L — Reclamation Costs
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10. 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of. Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 21. 5 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Varra Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit M — Other Permits & Licenses
6.4. 13 EXHIBIT M - Other Permits and Licenses
A statement identifying which of the following permits, licenses and approvals the
Operator/Applicant holds or will be seeking in order to conduct the proposed mining and
reclamation operations: effluent discharge permits, air quality emissions permits,
radioactive source material licenses, the State Historic Preservation Office clearance,
disposal of dredge and fill material (404) permits, permit to construct a dam , well
permits, explosives permits, highway access permits, U. S. Forest Service permits,
Bureau of Land Management permits, county zoning and land use permits, and city
zoning and land use permits.
• Colorado Department of Health Storm Water Permit Permit # COG-501526.
• Colorado Department of Health Emission Permit Pending Operations —
Concrete Batch Plant.
• Colorado Department of Health Emission Permit see Fugitive Dust Permit,
below — Portable Equipment — Dry Plant
• Colorado Department of Health Emission Permit Pending Operations —
Wet Plant
• Colorado Department of Health Emission Permit Permit # 06WE0781F
— Fugitive Dust — Mining Operations and related activities.
• Weld County Special Use Permit USR 1760 Approved 27 July 2011 .
• Colorado Division of Water Resources Well Permit #75865F .
• State Historic Preservation Office clearance Refer to correspondence
of 15 March 2010 .
• U.S. Department of the Army Corps of Engineers Cleared — Refer to
Correspondence of 15 January 2010 .
• Planned operations will not utilize or encounter materials, sources, or authorities
over related lands and do not require permits for the following : radioactive
source materials, construction of a dam, explosives, highway access, U.S. Forest
Service, Bureau of Land Management, city zoning or land use.
• Note: Any necessary permits for other planned or potential activities, including
asphalt batch plants, recycling facilities and operations, etc. , will be acquired
prior to on-set of such plants, facilities or operations. All future permits will be
submitted to the Division to update this list as necessary.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 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).
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10. 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 215 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit O — Owner(s) of Record of Affected Land (Surface
Area) and Owner(s) of Substance to be Mined
6.4.15 EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and
Owners of Substance to be Mined
The complete list of all owners can be submitted as a list or on a map in Exhibit C .
Varra Companies, Inc.
8120 Gage Street
Frederick, CO 80516
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit P -- Municipalities Within Two Miles
6.4.16 EXHIBIT P - Municipalities Within Two Miles
A list of any municipality(s) within two miles of the proposed mining operation and
address of the general office of each municipality.
City of Greeley
1000 Tenth Street
Greeley, CO 80631
City of Evans
1100 Thirty-seventh Street
Evans, CO 80620-2036
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit Q — Proof of Amending Materials in previous Notice to the
Board of Supervisors — West Greeley Soil Conservation District
West Greeley Soil Conservation District
Board of Supervisors
ATTN: Joyce Wallace, District Manager
4302 West 9" Street Road
Greeley, Colorado 80631
Subject: Colorado Division of Reclamation Mining and Safety (DRMS), Office of Mined
Land Reclamation (OMLR), Permit M-2010-049 Amendment application for
Varra Companies, Inc. — Western Sugar Reclamation Land Development Project.
NOTICE TO THE BOARD OF SUPERVISORS
WEST GREELEY SOIL CONSERVATION DISTRICT
Varra Companies, Inc. (the `Applicant/Operator') has applied for an Amendment to its Regular
(112) reclamation permit M-2010-049 from the Colorado Mined Land Reclamation Board (the
`Board') to conduct the extraction of construction materials operations in Weld County. The
attached information, including the 112 Permit Amendment form and Exhibit B — Index Map, is
being provided to notify you of the location and nature of the proposed operation. A copy of
Exhibit G — Water Resources Information, contains information pertinent to the purposes of the
Amendment. The entire application is on file with the Division of Reclamation, Mining, and
Safety (the `Division') and the Weld County Clerk to the Board.
The applicant/operator proposes to reclaim the affected land to Developed Water Resources and
other mixed uses. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the
local Conservation Districts before approving of the post-mining land use. Accordingly, the
Board would appreciate your comments on the proposed operation. Please note that, in order to
preserve your right to a hearing before the Board on this application, you must submit written
comments on the application within twenty (20) days of the date of last publication of notice
pursuant to Section 34-32.5- 112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman
Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
Your signature below acknowledges receipt of the above referenced permit application form.
07d / C
Date Received: ,A9St
' ‘/.9U/4141°
Oa/ . (epataltittyLdeak
Received By:
Office of Board of Supervisors -- West Greeley Soil Conservation District.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit Q — Proof of Amending Materials in previous Notice to
the Board of County Commissioners
Office of the Board of Weld County Commissioners RECEIVED
c/o Weld County Clerk to the Board
1150 O Street -- Administration Bldg.
P.O. Box 758
WELDGreeley, Colorado 80632 OMMI SIONEPF
y COMMISS
Subject: Colorado Division of Reclamation Mining and Safety (DRMS) Office of Mined
Land Reclamation (OMLR Permit M-2010-049 Amendment application for Varra
Companies, Inc. — Western Sugar Reclamation Land Development Project.
NOTICE TO THE BOARD of WELD COUNTY COMMISSIONERS
Varra Companies, Inc. (the `Applicant/Operator') has applied for an Amendment to its Regular
(112) reclamation permit M-2010-049 from the Colorado Mined Land Reclamation Board (the
`Board') to conduct the extraction of construction materials operations in Weld County. The
attached information, including the 112 Permit Amendment form and Exhibit B — Index Map, is
being provided to notify you of the location and nature of the proposed operation. A copy of
Exhibit G — Water Resources Information, contains information pertinent to the purposes of the
Amendment. The entire application is on file with the Division of Reclamation, Mining, and
Safety (the `Division') and the Weld County Clerk to the Board.
The applicant/operator proposes to reclaim the affected land to Developed Water Resources and
other mixed uses. Pursuant to Section 34-32.5- 116(4)(m), C.R.S., the Board may confer with the
local Conservation Districts before approving of the post-mining land use. Accordingly, the
Board would appreciate your comments on the proposed operation. Please note that, in order to
preserve your right to a hearing before the Board on this application, you must submit written
comments on the application within twenty (20) days of the date of last publication of notice
pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman
Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
Your signature below acknowledges receipt of the above referenced permit application form.
Date Received: la _Q2
Received By: 61 0
Weld County Clerk to the Board of W ld County Commissioners
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 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 Subparagraph 1 . 6. 2( 1)(c) :
Weld County Clerk to the Board
915 10th Street, 3rd Floor
Greeley, Colorado 80632
Subject: Colorado Division of Reclamation Mining and Safety (DRMS), Office of
Mined Land Reclamation (OMLR) Permit M-2010-049 Amendment
application for Varra Companies, Inc. — Western Sugar Reclamation Land
Development Project.
Your signature below acknowledges receipt of the above referenced permit application .
The application will be placed for public inspection and review. The information will be
made available to the public until final agency action by the OMLR Board, as defined by
C. R.S. 24-4- 105( 14) .
Date Received :
Received By :
Office of Weld County Clerk to the Board
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit S -- Geotechnical Stability
6.4. 19 EXHIBIT S - Permanent Man-made Structures
Where the mining operation will adversely affect the stability of any significant, valuable
and permanent man-made structure located within two hundred (200) feet of the
affected land , the applicant may either:
(a) provide a notarized agreement between the applicant and the person(s) having
an interest in the structure, that the applicant is to provide compensation for any
damage to the structure; or
(b) where such an agreement cannot be reached , the applicant shall provide an
appropriate engineering evaluation that demonstrates that such structure shall
not be damaged by activities occurring at the mining operation ; or.
(c) where such structure is a utility , the Applicant may supply a notarized letter, on
utility letterhead , from the owner(s) of the utility that the mining and reclamation
activities, as proposed , will have "no negative effect" on their utility.
6.5 GEOTECHNICAL STABILITY EXHIBIT
1 ) On a site-specific basis, an Applicant shall be required to provide a geotechnical
evaluation of all geologic hazards that have the potential to affect any proposed
impoundment, slope, embankment, highwall, or waste pile within the affected
area . The Applicant may also be required to provide a geotechnical evaluation
of all geologic hazards, within or in the vicinity of the affected lands, that may be
de-stabilized or exacerbated by mining or reclamation activities.
(2) On a site-specific basis, an Applicant shall be required to provide engineering
stability analyses for proposed final reclaimed slopes, highwalls , waste piles and
embankments. An Applicant may also be required to provide engineering stability
analyses for certain slopes configuration as they will occur during operations,
including , but not limited to embankments. Information for slope stability
analyses may include, but would not be limited to, slope angles and
configurations, compaction and density, physical characteristics of earthen
materials, pore pressure information , slope height, post-placement use of site,
and information on structures or facilities that could be adversely affected by
slope failure.
(3) Where there is the potential for off-site impacts due to failure of any geologic
structure or constructed earthen facility, which may be caused by mining or
reclamation activities, the Applicant shall demonstrate through appropriate
geotechnical and stability analyses that off-site areas will be protected with
appropriate factors of safety incorporated into the analysis. The minimum
acceptable safety factors will be subject to approval by the Office, on a case by-
case basis, depending upon the degree of certainty of soil or rock strength
determinations utilized in the stability analysis, depending upon the
consequences associated with a potential failure, and depending upon the
potential for seismic activity at each site.
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit S — Geotechnical Stability
(4) At sites where blasting is part of the proposed mining or reclamation plan, the
Applicant shall demonstrate through appropriate blasting, vibration, geotechnical,
and structural engineering analyses, that off-site areas will not be adversely
affected by blasting.
This Amendment provides construction details for the option of lining completed
basins, as described under Exhibit G of this Amendment. These or any other
changes to the existing approved permit or related exhibits and correlated
documents are either referenced or otherwise identified in green ink only. All
reclamation under this Amendment will remain consistent with the original permit,
including Developed Water Resources as the primary end use as reflected in
correspondence of 13 April 2011 as received by OMLR on 15 April 2011 , and
included in the permit as originally approved on 7 July 2011 .
All other aspects of the original permit, or prior Technical Revision or Amendment
to the original application as approved by the Office of Mined Land Reclamation
on 7 July 2011 , are retained under this Amendment. Any exhibit language not
shown in green is extracted from the original permit submittal and may appear
below for reference and orientation only, consistent with Rule 1 . 10. 1 ( 1 ). A
complete copy of the original approved permit, correlated documents, revisions,
and amendments can be viewed directly at the Colorado Division of Reclamation
Mining & Safety, Office of Mined Land Reclamation, located at 1313 Sherman
Street, Room 215 ; Denver, Colorado; or on-line at http://mining.state.co.us.
There are no planned revisions to this Exhibit.
Varra Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit Q — Proof of Amending Materials in previous Notice to
the Board of County Commissioners
Office of the Board of Weld County Commissioners
c/o Weld County Clerk to the Board
1150 O Street — Administration Bldg.
P.O. Box 758
Greeley, Colorado 80632
Subject: Colorado Division of Reclamation Mining and Safety (DRMS) Office of Mined
Land Reclamation (OMLR Permit M-2010-049 Amendment application for Varra
Companies, Inc. - Western Sugar Reclamation Land Development Project.
NOTICE TO THE BOARD of WELD COUNTY COMMISSIONERS
Varra Companies, Inc. (the `Applicant/Operator') has applied for an Amendment to its Regular
(112) reclamation permit M-2010-049 from the Colorado Mined Land Reclamation Board (the
`Board') to conduct the extraction of construction materials operations in Weld County. The
attached information, including the 112 Permit Amendment form and Exhibit B — Index Map, is
being provided to notify you of the location and nature of the proposed operation. A copy of
Exhibit G — Water Resources Information, contains information pertinent to the purposes of the
Amendment. The entire application is on file with the Division of Reclamation, Mining, and
Safety (the `Division') and the Weld County Clerk to the Board.
The applicant/operator proposes to reclaim the affected land to Developed Water Resources and
other mixed uses. Pursuant to Section 34-32.5- 116(4)(m), C.R.S., the Board may confer with the
local Conservation Districts before approving of the post-mining land use. Accordingly, the
Board would appreciate your comments on the proposed operation. Please note that, in order to
preserve your right to a hearing before the Board on this application, you must submit written
comments on the application within twenty (20) days of the date of last publication of notice
pursuant to Section 34-32.5- 112( 10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman
Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
Your signature below acknowledges receipt of the above referenced permit application form.
Date Received:
Received By:
Weld County Clerk to the Board of Weld County Commissioners
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman SL, Room 215 COLORADO
Denver, Colorado 80203
Phone: (303) 866-3567 CONSTRUCTION MATERIALS DIVISION OF
RECLAMATION
FAX: (303) 832-8106 REGULAR (112) OPERATION MINING
G
RECLAMATION PERMIT APPLICATION FORM — &--
SAFETY
Bill Ritter, Jr.
Governor
CHECK ONE: 0 There is a File Number Already Assigned to this Operation
Harris D. Sherman
Pe ' M - - (Please reference the file number currently assigned to this operatiog)ecuuve Director
is AmendmentApplication R le Ronald W Cat"
New Application (Rule 1.4.5) (Rule 1.10)
Division Director
Conversion Application (Rule L11) Natural Resource Trustee
Permit # M - 2010 - 049 - (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 I
submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) 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
Type or print clearly, in the space provided, ALL information requested below.
1. Applicant/operator or company name (name to be used on permit): Varra Companies, inc.
1.1 Type of organization (corporation, partnership, etc.): Colorado Corporation
2. Operation name (pit, mine or site name): Western Sugar Reclamation Land Development Project
3. Permitted acreage (new or existing site): 102.87 permitted acres
3.1 Change in acreage (+) - 0 - acres
3.2 Total acreage in Permit area 102.87 acres
4. Fees:
4.1 New Application $2,696.00 application fee
4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2,229.00 amendment fee
4.5 Conversion to 112 operation (set by statute) $2.696.00 conversion fee
5. Primary commoditie(s) to be mined: sand gravel r'nattiest earth products
5.1 Incidental commoditie(s) to be mined: 1 . - lbs/Tons/vr 2. / lbs/Tons/vr
3. / lbs/Tons/vr 4. / lbs/Tans/yr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s) to be mined: urban infrastructure & development
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango • Active and Inactive Mines
- 2 -
6. Name of owner of subsurface rights of affected land: Refer to Exhibit 0
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: 7 Surface El Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): E `' 1 6th (Colorado) Ft 10th (New Mexico) fl Ute
SECTION (write number): S nine
TOWNSHIP (write number and check direction): T fiveEll North I I South
RANGE (write number and check direction): R sixty-five ri East al West
QUARTER SECTION (check one): SW
QUARTER/QUARTER SECTION (check one): 12 NE N W I SE I I SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Immediately east of Greeley, Colorado. Elevation 4,636 feet.
10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.8T
Latitude (N): deg 37 min 38 sec 41 . 00 (2 decimal places)
Longitude (W): deg 108 min 09 sec 21 . 00 (2 decimal places)
OR
Example: (N) 39.73691 °
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (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 2230388.85
Northing 396239. 11
- 3 -
11 . Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Christopher L. Varra Title: President
Company Name: Varra Companies, Inc.
Street/P.O. Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 303 ) _ 666-6657
Fax Number: ( 303 _ 666-6743
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Bradford Janes Title: Forester
Company Name: Varra Companies, Inc.
Street/P.O. Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 970 ) _ 353-8310
Fax Number: ( 970 ) _ 666-6743
INSPECTION CONTACT
Contact's Name: Garrett C. Varra Title: Vice-President of Operations
Company Name: Varra Companies, Inc.
Street/P.O. Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 303 ) _ 666-6657
Fax Number: ( 303 is 666-6743
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
- 4 -12. Prima future (Post-mining) land use (check one):
Cropland(CR) D Pastureland(PL) General Agriculture(GA)
CI Rangeland(RL) El Forestry(FR) Wildlife Habitat(WL)
Residential(RS) II Recreation(RC) Industrial/Commercial(IC)
✓ Developed Water Resources(WR) f] Solid Waste Disposal(WD)
13. Primary present land use (check on
,a:
Cropland(CR) -es Pastureland(PL) _ - General Agriculture(GA)
fa Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS)E.
Recreation(RC) lndustriaVCommercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Surface extraction and processing of aggregate using heavy equipment such as dozers, front-end loaders, haul trucks, etc.
15. On Site Processing: ✓ Crushing/Screening
13. 1 Briefly explain mining method (e.g. truck/shovel):
Materials are extracted and removed to screens and crushers for processing into product to be sold for urban infrastructure needs
List any designated chemicals or acid-producing materials to be used or stored within permit area:
none - all fuels and lubricants will be brought in as needed on mobile equipment and vehicles
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
Provides specific information on the lining of completed basins for our developed water
resources,
- 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-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(I)(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule I .6.2( 1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A-S, Addendum I, 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. If you
do no 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;
- 6 -
elf 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
0r
application requires you to submit a permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
idd 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.
eu7. 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.
goii 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.
°de 9. Annually, on the anniversary date ofpermit issuance, you must submit an annual fee as specified by Statute,
Y P
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 of July 1 , 1995, the annual fee is for the period of July 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
ofresponsibility.
• 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.
- 7 -
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.
- 8 -
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)(f), 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. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any 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 and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S. bur
Signed and dated this day of `��' ov �� 2 l S
Vavv'c COMJDOJ(. ( _'S 1 Teti C . If Corporation Attest (Seal)
Applicant/Operator or Compan ame
Signed: Signed:
Cor orate Sec tary or Equivalent
Title: President Town/City/County Clerk
State of Co \ orado )
) ss.
Lk) QA4
Countyof )
mow. {�� 11
IV The foregoing instrument was acknowledged before me this I LP day of OU env) & r
2015, by CI i s etbelntr L. Vnv& as Prsiaevtt of VGLr rct Connpa n i es ,Dhf_ .
Lra\hp45\Ari
JESSICA HOOVER
NOTARY PUBLIC Nota ublic
STATE OF COLORADO
NOTARY ID 20044035571 � l LP
My Commission Expires Oct 4, 2016 My Commission expires: J
SIGNATURES MUST 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
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SCALE: 1 Inch = 2,64(1 feet
VARRA COMPANIES, INC. DATE: 8 February 2010
8120 GAGE STREETON-11 a •
FREDERICK, COLORADO 80534 REVISION: . k 4
Exhibit G --- Water Information
6.4.7 EXHIBIT G - Water Information
( 1 ) If the operation is not expected to directly affect surface or groundwater systems,
a statement of that expectation shall be submitted .
(2) If the operation is expected to directly affect surface or groundwater systems, the
Operator/Applicant shall:
(a) Locate on the map (in Exhibit C) tributary water courses, wells, springs,
stock water ponds, reservoirs, and ditches on the affected land and on
adjacent lands where such structures may be affected by the proposed
mining operations;
(b) Identify all known aquifers; and
(c) Submit a brief statement or plan showing how water from de-watering
operations or from runoff from disturbed areas , piled material and
operating surfaces will be managed to protect against pollution of either
surface or groundwater (and , where applicable, control pollution in a
manner that is consistent with water quality discharge permits), both
during and after the operation .
(3) The Operator/Applicant shall provide an estimate of the project water
requirements including flow rates and annual volumes for the development,
mining and reclamation phases of the project.
(4) The Operator/Applicant shall indicate the projected amount from each of the
sources of water to supply the project water requirements for the mining
operation and reclamation .
(5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has
acquired (or has applied for) a National Pollutant Discharge Elimination System
(NPDES) permit from the Water Quality Control Division at the Colorado
Department of Health, if necessary.
This Amendment is intended to satisfy the option of lining approved basins. The basins
identified in the original Office of Mined Land Reclamation (OMLR) permit are presently
approved and bonded for both the lined and unlined state. The permit provides for the
option that the basins be lined in order to liberate the waters presently securing the
exposed groundwater in the unlined condition. The previous effort to detail the
methodology and procedures to line the basins with the approved change in the original
permit via a technical revision were later rejected defacto by the Office of Mined Land
Reclamation (OMLR), and an Amendment to assure notification of adjacent landowners
was mandated instead. This submittal is intended to satisfy that mandate to assure the
assure the OMLR that lined basins will comply with state law.
To satisfy the concerns of the OMLR, included with this revision is a report on the
potential for shadowing and mounding by AWES, LLC of 27 June 2013 . The report
concludes:
Varra Companies, Inc. Permit M-2010-049 1
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit G -- Water Information
`. . .that lining mined gravel pits has almost unmeasurable influences to the
surrounding groundwater hydrology and does not change hydraulic gradients
beyond the variations that would normally be expected in the geologic settings
associated with the operation.'
We anticipate the OMLR will concur with this analysis. Once operations near completion
of any lined basin, the Colorado Department of Water Resources Office of the State
Engineer (OSE) will be contacted and the lined basins will be approved prior to use.
The OSE approval letter will be provided to the OMLR as a condition of the permit and
satisfaction that the lined basin has met the specifications necessary to pass a liner test
as part of the OSE approval process.
( 1) Operations will not adversely affect surface and groundwater systems. The
manner and method of extraction is detailed under Exhibit D — Extraction Plan.
Anticipated effects on surface flows are anticipated to be minor to none.
Essentially, the flood plain covers the property and unless under flood
conditions, upland overland flows are generally diverted by existing access roads
or grassed drainage channels, or drain internally into existing or planned basins.
(2) (a) Please refer to Exhibit C-1 : Existing Conditions Map.
(b) The known aquifer under the site is the stream alluvium .
(c) Discharge water will be dissipated with hard surface riprap or established
grassed waterways. Other waters are retained by internal pit drainage, directed
by vegetated berms or established waterways or through the maintenance or
establishment of a stabilizing cover of vegetation, or as otherwise established
under an approved Colorado Department of Health stormwater permit and/or
stormwater discharge permit.
(3) The three components of the project water requirements are water removed with
the product, dust control, and evaporation from exposed ground water. Dust will
be controlled using truck sprinklers, and the estimated frequency is one load per
day. At 2,500 gallons of truck capacity, the annual demand is 2 . 80 acre-feet.
After the water table is encountered, the water removed with the estimated
800,000 tons of product is 23. 55 acre-feet per year. The estimated net
evaporation is 1 .419 feet per year. At the maximum potentially exposed ground
water of 62.81 acres, the annual evaporation is 89 . 13 acre-feet. The monthly
distribution of these estimates is shown in the following table. The reclamation
plan provides that the pits will be lined after being mined . The lined pits will not
require replacement water and will be used for storage. There may be incidental
demand for water to establish vegetation on the site after lining is completed .
However, the ultimate demand for water will be zero.
Varra Companies, Inc. Permit M-2010-049 2
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit G -- Water Information
MONTH PRODUCT DUST NET EVAP USE
CO NTRO L
Tons of Trucks af ac af af
November 40,000 1 . 18 30 0.23 62.81 5.78 7. 19
December 40/000 1 . 18 31 0.24 62.81 4.97 6.39
January 40,000 1 . 18 31 0.24 62.81 4.78 6.20
February 36,000 1 .06 28 0.21 62.81 6.36 7.63
March 40,000 1 . 18 31 0.24 62.81 7.95 9.37
April 80,000 2.35 30 0.23 62.81 9.69 12.27
May 85,000 2.50 31 0.24 62.81 10.49 13.23
June 92/000 2. 71 30 0.23 62.81 10.77 13.71
July 93,000 2.74 31 0.24 62.81 8.36 11 .34
August 90,000 2.65 31 0.24 62.81 7.67 10.56
September 85,000 2. 50 30 0.23 62.81 6.61 9.34
October 79,000 2.33 31 0.24 62.81 5 .70 8.27
Apr-Oct 604,00O 17.78 2141 1 .65 59.29 78.72
TOTAL 800,000 23.561 3651 2.81 89.13 115.50
(4) Water will be supplied by two sources: shares of the Rural Ditch Company and
water decreed in Case No. 01CW274. VCI owns four shares of Rural Ditch
Company. From April through October, water use at the site will be replaced to
the stream system using the historical consumptive use credits from any of the
sources and/or from storage. The monthly distribution of the historical
consumptive use is shown in the following table:
HISTORICAL CONSUMPTIVE USE
All Values in Acre-Feet
APR MAY JUN JUL AUG SEP OCT ANN
Rural 5.41 23.3 54. 1 84.3 61 .8 27. 1 9.5 265 .5
Water in excess of this mine`s and other VCI obligations will be stored and used
to replace the water use from November through March. The storage sites are
lined pits described in Case No. 01CW274 decree. Water available under these
storage decrees will also be stored and used for VCI operations. The storage
facilities are listed in the following table. Those currently lined and approved by
the state are 112 and Dakolios.
Varra Companies, Inc. Permit M-2010-049 3
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
Exhibit G — Water Information
VCI STORAGE FACILITIES (All Values in Acre-Feet)
Reservoir Active Capacity, a-f Dead Storage,
a-f
112 1,552 0
Dakolios 1,900 0
Von Ohlen 1,300 0
Kurtz 4,000 0
Total NOT TO EXCEED 0
7,500 A-F PER
YEAR
(5) A Colorado Wastewater Discharge Permit System Permit has been applied for
with the Colorado Department of Health.
Varra Companies, Inc. Permit M-2010-049 4
Western Sugar Reclamation Land Development Project OMLR 112 Permit Amendment 2015
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