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Home My WebLink About20143286.tiff DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave, Greeley, CO 80631 Phone (970) 353-6100 x3540 Fax (970) 304 -6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED _ RECEIP f # /AMOUNT it 1$ CASE # ASSIGNED - APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements 1 I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed construction materials (gravel, coal, borrow pit, etc ) mining operation for the following described unincorporated area of Weld County: Legal Description Pert of the Northeast Quarter of , Section 10 , Township 5 North . Range 65 West Flood Plain Yes Zone District. A 8 1-3 . Total Acreage 100.63 . Overlay District N/A Geological Hazard. N/A , Airport Overlay District: Yes 2. Surface owner(s) of area of land described Frederick , CO 80516 Name Varra Companies. Inc. Address 8120 Gage St Phone 303-666-6657 Name Coulson Excavating Co., Inc Address 3609 NCR 13 Phone 970-667 -2316 Loveland , CO 80538 - 2316 3 Owner(s) of mineral rights or substance to be mined Frederick , CO 80516 Name Varra Companies, Inc. Address 8120 Gage St Phone. 303 ,666-6657 Name Coulson Excavating Co.. Inc. Address 3609 NCR 13 Phone. 970-6G7-2316 Loveland , CO 80538 - 2316 4 Applicant's name Varra Companies, Inc. Email Address Address 8120 Gage St. ; Frederick, CO 80516 Phone " 1-H r;1 i ;. 657 5 Identify any prior permits for mining held by applicant or affiliated person Weld County USR's 616: 907; 627; 840; 1219; 345; Firestone Resolution 1/ 10- 10 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge Signatures of all fee owners of property must sign this application If an Authorized Agent signs. a letter of authorization from all fee owners must be included with the application If a corporation is the fee owner. notarized evidence must be included indicating that the signatory has to legal authority to sign for the corpor lion elgefeet 4143/411 -- eu- iy Si natu e Owner or Authorized Agent Date Signature Owner or Authorized Agent Date car vofr0k- 6 0Nv`e-1 G . 14 Varra Companies, Inc . Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047 Sec. 22 - 5 -80. General commercial mineral deposits (`aggregate') and ore mineral resources Goals & Policies. A. CM. Goal 1. Conserve lands which contain commercial mineral deposits ("aggregate") for potential future use in accordance with state law (Section 34 - 1 -305, C .R.S. ). 1 . CM.Policy 1 . 1. Maintain a map depicting known commercial mineral deposits ("aggregate"). The official Commercial Mineral Deposits Map will be a component of this commercial mineral deposit master plan and be compiled based on the Goals and Policies discussed in this Section. The current copy of the Commercial Mineral Deposit Map is maintained on file at the Department of Planning Services. a. Recommended Strategy CM1. 1. a. Consider developing a more detailed and up-to-date commercial mineral deposits master plan, as described by Section 34 -1 -304, C.R. S. Acknowledged. 2. CM.Policy 1. 2. Consider access to future mineral resource development areas in all land use decisions, in accordance with state law. Acknowledged. 3. CM.Policy 1 .3. The County should not, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present, or future, extraction of such deposit by an extractor. Strongly discourage other intensive land uses in areas identified on the Commercial Mineral Deposits Map as containing commercial mineral deposits, until such time as those deposits have been extracted. Landowners should be given an opportunity to modify the Commercial Varra Companies, Inc. Weld County USR Varra-Coulson Resource Project January 2014 Mineral Deposits Map and demonstrate that an area does not contain a commercial mineral deposit. Acknowledged. 4. CM.Policy 1 . 4 . If conservation easements are placed on lands containing commercial mineral deposits, encourage the terms of the easement to allow extraction of those commercial mineral deposits. Acknowledged. B . CM. Goal 2. Promote the reasonable and orderly exploration and development of mineral resources. 1 . CM.Policy 2. 1 . Conduct land use permitting the operation of a mining site in unincorporated Weld County, in accordance with regulations in the County. Acknowledged. 2. CM.Policy 2. 2. Encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators with respect to any developments of either the surface or the mineral estate. Acknowledged. 3. CM.Policy 2. 3. Ensure that development of mineral resources addresses the impacts of such development. Acknowledged. We've also addressed the benefits of resource conservation. Varra Companies, Inc. Weld County USR 2 Varra-Coulson Resource Project March 2014 4. CM.Policy 2. 4. Ensure that the development of mineral resources maintains and limits the effects on the quality and quantity of area water. Acknowledged. 5. CM.Policy 2. 5. Encourage mineral developers to conserve water in their operation. Acknowledged. C . CM. Goal 3 . Minimize the impacts of surface and subsurface mining activities on the surrounding land, land uses, roads and highways. 1 . CM.Policy 3. 1 . In review of a land use application for a mine site, consider the cumulative impacts of the mining activity on surrounding land use and County infrastructure. Acknowledged. We would also encourage assessing the cumulative benefits. 2. CM.Policy 3. 2. Locate and design excavated areas, structures, machinery, equipment storage and stockpiling of mined materials to be considerate to surrounding land uses in terms of general use, scale, density, traffic, dust and noise. Acknowledged. 3. CM.Policy 3. 3. Where practical, maintain roadside and perimeter vegetation and setback requirements which serve to shield mining Varra Companies, Inc. Weld County USR 3 Varra-Coulson Resource Project March 2014 operations, including storage of equipment, stockpiled soils and materials from public view. Acknowledged. 4. CM.Policy 3. 4. Locate access roads to, and within, the site in a manner which minimizes traffic impacts on surrounding land uses. Acknowledged. 5. CM.Policy 3. 5. The land use applicant should demonstrate that the street or highway facilities providing access to the mining activity are adequate in functional classification, width and structural capacity to meet the requirements of the proposed mining activity. Require internal road circulation, off-street parking, dust abatement, acceleration lanes, deceleration lanes, common access collection points, signalization and other traffic improvements wherever necessary to mitigate traffic impacts caused by the mining activity. Also, review applications for mining in accordance with the Transportation Goals and Policies. Acknowledged. 6. CM.Policy 3 . 6. Buffer, where possible, batch plants and processing equipment from adjacent uses. Acknowledged. 7. CM.Policy 3. 7. Allow trucking operations dealing exclusively in the transport of mined materials on the mine site when incorporated in the operational plan for the mining operation. Varra Companies, Inc. Weld County USR 4 Varra-Coulson Resource Project March 2014 Acknowledged. 8. CM.Policy 3. 8. Require all mining operations to conform to federal, state and local environmental standards. Acknowledged. 9. CM.Policy 3. 9. Promote the safety of all citizens that are in relatively close proximity to ore mineral mining and processing facilities. a. Recommended Strategy CM 3. 9. a. Consider developing land use regulations (including those adopted as Section 24 -65. 1 -101, et seq., C.R. S.) to promote the safety of all citizens that are in relatively close proximity to ore mineral mining and processing facilities. Acknowledged. D . CM. Goal 4. Minimize hazardous conditions related to mining activities and the mining site. 1. CM.Policy 4. 1 . In reviewing the operational and reclamation plans for a mining operation, impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties as follows : ❑ Require appropriate site-specific security fencing be erected and maintained around extraction sites, as necessary, to minimize potential attractive nuisance hazards associated with operations located near urban uses. Acknowledged. Varra Companies, Inc. Weld County USR 5 Varra-Coulson Resource Project March 2014 ❑ Require mining operations to use warning signs, fences, guards, lighting and other means to warn and protect people from mine site hazards such as steep slopes, holes, ponds and heavy equipment . Enforce trespass laws to ensure public safety. Acknowledged. ❑ Require all mining operations conform to federal, state and local safety standards. Acknowledged. ❑ Require periodic on -site inspections, as warranted. Acknowledged. 2. CM.Policy 4. 2. Ensure that operators comply with County flood hazard and geological hazard regulations. County staff should conduct site inspections to evaluate applications for mining. Understanding that most of the extractions are alluvial and temporary in nature, the use should not come under the same scrutiny as uses with permanent structures. a. Recommended Strategy CM4. 2. a. Review County flood hazard and geological hazard regulations to ensure that they are practical for mining operational needs and are not so burdensome that they discourage future mineral extraction. Acknowledged. Varra Companies, Inc. Weld County USR 6 Varra-Coulson Resource Project March 2014 E . CM. Goal 5. Provide for timely reclamation of all mining sites and promote their beneficial reuse. 1 . CM.Policy 5. 1 . Consider the potentially adverse environmental effects of completed mining operations. Acknowledged. 2. CM.Policy 5. 2. Ensure that operators minimize the disturbance of vegetation and overburden in advance of mining activities. Acknowledged. 3. CM.Policy 5. 3. Encourage operators to save and utilize topsoil in site reclamation. Acknowledged. 4. CM.Policy 5. 4. Ensure that operators take all reasonable and practical measures to protect the habitat of fish and wildlife. Acknowledged. 5. CM.Policy 5. 5. Ensure that the operator and owner maintain the reclaimed mine site until it has been stabilized and vegetation is reestablished in accordance with the Colorado Division of Reclamation Mining and Safety, and until any County development standards have been met . Acknowledged. Varra Companies, Inc. Weld County USR 7 Varra-Coulson Resource Project March 2014 6. CM.Policy 5. 6. Promote the reuse of reclaimed alluvial mineral deposit quarries for recreation. Acknowledged. 7. CM.Policy 5. 7. Encourage the reservation of "surface rights " on water storage facilities which can later be sold, leased or donated for recreational uses. Acknowledged. 8. CM.Policy 5. 8. Promote the reuse of reclaimed aggregate quarries for water storage. Acknowledged. 9. CM.Policy 5. 9. Encourage the use of water storage facilities by Weld County water providers. a. Recommended Strategy CM. 5. 9. a. Study whether the County should purchase water rights and storage facilities to be put to beneficial use in the County. Acknowledged. 10. CM.Policy 5. 10. Allow, where possible, residential or commercial uses adjacent to water storage facilities. Acknowledged. Varra Companies, Inc. Weld County USR 8 Varra-Coulson Resource Project March 2014 11 . CM.Policy 5. 11 . Consider public uses on lands adjacent to water storage facilities. (Weld County Code Ordinance 2002 -6 ; Weld County Code Ordinance 2008 - 13 ) Acknowledged. Varra Companies, Inc. Weld County USR 9 Varra-Coulson Resource Project March 2014 Division 4 Uses by Special Review Sec. 23 - 2 -200. Intent and Applicability. A. Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein and for applicable USES from any zone district, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B . The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for the following conditions. Any DEVELOPMENT or USE which requires a Special Review Permit and which is initiated by a general purpose local government, State, United States government, special district or authority created under the provisions of the laws of the State, or any public utility whether publicly or privately owned, shall require review and approval by the Planning Commission only as set forth in Division 5 below. C . Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special Review shall be treated as a new USE and shall require a new application under the provisions of this Division. D . Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. E. Applications for Special Review Permits shall be completed as set forth in Section 23 -2 -260. The complete application and application fees shall be submitted to the Department of Planning Services. Varra Companies, Inc. Weld County USR 10 Varra-Coulson Resource Project March 2014 F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board prior to recording the final exhibit or plat, if applicable. G. An application for a Special Review Permit shall include the entire LEGAL LOT upon which the Special Review Permit will be located. H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23 -2 - 260.D of this Article. The Mylar plat and additional requirements shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Codification Ordinance 2000 - 1 ; Weld County Code Ordinance 2001 -1 ; Weld County Code Ordinance 2001 -8; Weld County Code Ordinance 2007 -14; Weld County Code Ordinance 2009 -8; Weld County Code Ordinance 2010 -6; Weld County Code Ordinance 2011 -3 ; Weld County Code Ordinance 2012 -3) Acknowledged. Varra Companies, Inc. Weld County USR 11 Varra-Coulson Resource Project March 2014 Sec. 23 - 2 -210. Duties of Department of Planning Services. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. A. The Department of Planning Services shall be responsible for processing all applications for Special Review Permits in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B . Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty- eight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty -eight (28) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Special Review Permit rests with the Board of County Commissioners. a. The planning commission or governing body of any town and county whose boundaries are within a three-mile radius of the parcel under consideration for a Use by Special Review Permit. b. The planning commission or governing body of any city or town that has included the parcel in its MASTER PLANNING area or Intergovernmental Agreement. c. Department of Public Health and Environment. d. Department of Public Works to review the engineering aspects of the proposal. e. County Extension office. Varra Companies, Inc. Weld County USR 12 Varra-Coulson Resource Project March 2014 f. Colorado Department of Public Health and Environment. g. Colorado Geological Survey. h. Colorado Historical Society. i. Colorado Department of Transportation. j . Colorado State Division of Wildlife. k. Colorado State Engineer, Division of Water Resources. 1. Colorado State Oil and Gas Conservation Commission. m . Colorado Water Conservation Board. n. U . S . Army Corps of Engineers. o. U .S. Soil Conservation Service. p. U.S. Forest Service. q. U . S. Bureau of Land Management. r. Federal Aviation Administration. s. Federal Communications Commission. t. The appropriate fire district. u. Any irrigation ditch company with facilities on or adjacent to the parcel under consideration. v. Any other agencies or individuals whose review the Department of Planning Services, Planning Commission or Board of County Commissioners deems necessary. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date. The Board of County Commissioners public hearing may also be set and be given legal notice and posting, concurrent with setting of the Planning Commission hearing Varra Companies, Inc. Weld County USR 13 Varra-Coulson Resource Project March 2014 date and in accordance with Section 23 - 2 - 230.A. Otherwise, the Board of County Commissioners public hearing shall be set after the Planning Commission hearing. 4. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5. Give notice of the application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten ( 10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 6. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right -of - way. In the event the property under consideration is not adjacent to a publicly maintained road right-of -way, one (1 ) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right -of-way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced with a photograph. The sign will include the following information: a. Special Review Permit number. b. Date, place and time of Public Hearing. c. Location and phone number of the public office where additional information may be obtained. d. Applicant' s name. e. Size of parcel of land. Varra Companies, Inc. Weld County USR 14 Varra-Coulson Resource Project March 2014 f. Type of request . 7. Arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. (Weld County Codification Ordinance 2000 - 1 ; Weld County Code Ordinance 2001 -1 ; Weld County Code Ordinance 2003 - 10 ; Weld County Code Ordinance 2007 - 14; Weld County Code Ordinance 2008 - 8) Acknowledged. Sec. 23 - 2 -220. Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under the COUNTY' s provisions for Overlay Districts Regulations in Article V of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23 - 2 -240 and 23 - 2 -250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23 - 2 -240 and 23 -2 - 250 are met. The applicant shall demonstrate : 1 . That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. The project conforms with Section 22 -5 - 80 of Weld County' s Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area Varra Companies, Inc. Weld County USR 15 Varra-Coulson Resource Project March 2014 infrastructure is already evident near this location. The City of Greeley is expanding into the Cache la Poudre River with commercial and industrial uses encroaching from the west and north of the River. Industrial rejuvenation is underway with a new Leprino Cheese Plant nearing completion of construction, and other industrial development is either existing, under construction, or zoned for future development north of the river and along East 8th Street. While residential homes, primarily along 16th Street, are bounded by significant open space, and consistent with their A -Agricultural standing, residential densities appear to increase approximately one-half mile beyond the permit area to the south, and west into the city. The entire state of Colorado continues to be challenged by human migration into the state, and the resulting urban development is shaping State policies to enhance area infrastructure, including the enhancements of area roadways along and either side of Interstate 25 and Colorado Highway 85, for which this location is ideally situated to serve. With continued growth of human habitat and development, the products that serve the construction of this infrastructure comes from the ground. The aggregate resource must be recovered before it is overtaken by ever expanding urban development, or it is lost. Now is the time and this is the geologically determined and economically feasible location from which the proposed extraction activity must occur. It is a fact that the economic vitality of the State of Colorado and that of Weld County are intricately dependent upon aggregate resources for every aspect of human habitat, transportation, energy development, and other vital infrastructure. For example; the recent increases in oil and gas activities simply cannot continue without aggregate resources for their operations, facilities, and improvements necessary to access fields, create pads, and support their drilling locations. It all requires aggregate (sand, gravel, and other earth resources; whether taken from the natural state or processed into different essential products. The extraction of aggregate resource is in fact resource conservation. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. It must be taken where it is found, but the result of that activity tends to lessen the future density of subsequent urban development and support that results from the inevitable expansion of human habitat, supporting Varra Companies, Inc. Weld County USR 16 Varra-Coulson Resource Project March 2014 uses, facilities and infrastructure; all of which are the desired and unavoidable characteristics of a healthy economy and its attending society. Section 22 - 5 -80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. 2. That the proposal is consistent with the intent of the district in which the USE is located. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The application requests approval of an allowed use for the extraction of a valuable mineral deposit located within the identified existing A -Agriculture and Industrial I -3 lands to allow for the conservation of the underlying aggregate deposit. Reclamation will result in water storage basins over the majority of the location. Resource recovery simply cannot occur over lands developed with houses and other structures. By this submittal, the owner proposes to reclaim formerly blighted and neglected lands through extracting the underlying aggregate and reclaiming the resulting basins for water storage (Developed Water Resources). All previously affected lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation ; except where existing access roads, structures or other reasonable obstacles prevent it. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible Varra Companies, Inc. Weld County USR 17 Varra-Coulson Resource Project March 2014 with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principal and surrounding land owners. 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. The genesis of the location is associated with the rise of sugar beet agriculture. Sugar beets were first grown in Colorado in 1869, one year before members of a joint -stock colonization company called the Union Colony of Colorado founded the City of Greeley. By 1879, the state' s agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production. As Colorado 's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899. Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. By 2007, the former sugar mill and its lands were reported as blighted in the Greeley Tribune. The lands of the old sugar mill were acquired from the Cooperative and replaced by Leprino Foods, and a cheese factory now stands where the old mill stood, after it was demolished in 2008 -2009. Aerial images since the early 1950' s show the Varra-Coulson fields were row cropped on both sides of the existing Greeley Irrigation Canal #3, until the segment of the Cache la Poudre River to the north was channelized, estimated somewhere in the late 1960's to early 1970's. While more recent crops were in corn, it's likely at some point the land grew sugar beets to support the local mill. Areas north of Canal #3 changed to rangeland, consistent with the parcel north of the river. By the middle of the first decade of the twenty-first century, both rangeland and cropland fell into disuse, and the idle lands became covered in weeds, mostly Koshia. Varra Companies, Inc. Weld County USR 18 Varra-Coulson Resource Project March 2014 By this submittal, the owner proposes to reclaim the blighted and neglected crop and rangelands that presently comprise the Varra-Coulson parcel through extracting the underlying aggregate and reclaiming the resulting basins for water storage and uses related to developed water resources. All formerly blighted lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation ; except where existing access roads, structures or other reasonable obstacles prevent it. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County zoning designation of the I -3 Industrial District for the lands designated for mineral reserve north of the Cache la Poudre River, and A -Agriculture, which applies to the entire lands considered for active extraction south of the Cache la Poudre River under this application. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. The location is flanked on the east and south by properties in the A- Agriculture Zone. Residential homes line 16th Street within the A - Agriculture Zone, with some neighborhoods identified in a mix of R - 1 and R-3 zoning, while continuing past a cemetery and into the mixed commercial/industrial section further to the east, otherwise north of the Cache la Poudre River, within the area general, and along Highway 85 nearly two miles to the west of the location. While some homes front the southern extraction limits, those limits are kept no closer than 125 feet from residential structures. Since extraction will approach 16th street from the near bottom of the pit, the fronting wall will serve to minimize noise from extraction equipment. Further, any noise emanating from an 80 decibel plant source (e.g. , a cone crusher) would be background residential level or 55 decibels by the time it Varra Companies, Inc. Weld County USR 19 Varra-Coulson Resource Project March 2014 reaches 400 feet from the source. This buffer will be maintained between such equipment and neighboring homes. Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within the plant site location. Each existing residence along 16th Street within the designated A - Agriculture zone is commonly surrounded by nearby trees and open space separating their residence from operations. This separation will be augmented by a six foot high chain link fence. The fence will replace the existing line of barbwire fence along 16th Street. The fenceline will be visually enhanced with a combination of 100 trees and shrubs. Trees and shrubs will include evergreen and deciduous species planted no closer than 20 feet apart from each individual planting, or clusters of three ; placed either side of the fenceline. One year old seedling or 1 inch caliper container stock will be utilized. No extraction is presently contemplated for the mineral reserve area north of the Cache la Poudre River. This area is surrounded by I -3 Industrial lands to the north and east, the river to the south, and existing extraction activity to the immediate west which will also be transformed into developed water resources and managed reservoirs similar to those lands south of the river within the permit boundary. There are no known impacts to surrounding uses in their own right to these lands north of the river, and those surrounding lands will not be affected by any future extraction activities if revised to active plans of extraction with the Colorado Office of Mined Land Reclamation. Should active extraction occur there, any residences opposite the boundary of that activity would receive the same benefit of a visual screen as that afforded to those residences lining the south side of 16th Street, as detailed above. Industrial I -3 lands lie to the north and east of the permit boundary, and along 8th Avenue. These lands are either vacant, or bounded by land disturbances such as settling basins, waste piles, industrial yard and warehouse buildings and support facilities or equipments. Other existing mining operations flank the permit boundary to the west. Planned activities within the permit boundary will not interfere with any of the surrounding Industrial lands or their current activities. Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Varra Companies, Inc. Weld County USR 20 Varra-Coulson Resource Project March 2014 Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR) Exhibit C - 2: Extraction Plan Map, the greater concentration of plant and processing activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by area trees, open space and hillsides in the form of the flood plain escarpment. The location is approached internally and away from high density residential areas and roads. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence-works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Many active operations serve to increase wildlife diversity and use that is otherwise crowded out by urban development, hence providing critical corridors, habitat, and protection for diverse wildlife species that would otherwise be lost. Often, the post mine landscape offers an obvious enhancement that might not otherwise be realized, especially over blighted or neglected lands such as these. The reclamation of extracted lands in fact often incorporates or introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better lend themselves to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. The proposal complements the Agricultural A District, and nearby residences, while providing at the time of reclamation a permanent buffer between them and the more conflicting I -3 Industrial lands to the north. Varra Companies, Inc. Weld County USR 21 Varra-Coulson Resource Project March 2014 While the existing, yet blighted, agricultural lands will change into managed reservoirs, that change is essential since resource recovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the former agricultural-industrial land base will be replaced in part with water resources ; a vital element of continued agricultural practices on surrounding lands, and for the ever increasing urban population and uses expanding into the Agricultural A District of Weld County. 4. That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. The project conforms with Section 22 -5 -80 of Weld County's Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development resulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Section 22 - 5 -80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding land uses and mixed zoning. Resource recovery simply cannot occur over lands developed with houses Varra Companies, Inc. Weld County USR 22 Varra-Coulson Resource Project March 2014 and other structures. Where extraction occurs, the formerly blighted landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use, that leaves the final land in a configuration that prevents high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence-works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. The Future Compatibility : The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the Cache La Poudre River watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on OMLR Exhibit C - 2: Extraction Plan Map. Varra Companies, Inc. Weld County USR 23 Varra-Coulson Resource Project March 2014 5. That the application complies with Article V of this Chapter if the proposal is located within the Overlay District Areas identified by maps officially adopted by the COUNTY. The location is outside of any known geologic hazard. The location is within the Weld County Airport `Influence Zone, ' however, according to the Airport Authority, the planned activity does not pose a concern. The project does lie within the floodplain and a portion of the defined floodway of the Cache La Poudre River. Operational effects should not adversely impact any of the designated overlays, floodway or floodplain. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed USE. Some of the identified soils are Prime Irrigated Soils as designated on the U.S.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved OMLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring revegetation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on - site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23 - 2 -260, below. Varra Companies, Inc. Weld County USR 24 Varra-Coulson Resource Project March 2014 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations are situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety on site personnel and visitors are managed under authority of the federal MSHA program. All planned extraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the State of Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR). Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation [OMLR] permit, and described in detail under OMLR Exhibit E - Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are eased by the location below and away from area residences and surrounded by existing or planned Industrial uses and activities. Varra Companies, Inc. Weld County USR 25 Varra-Coulson Resource Project March 2014 B . The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. C . If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten -day period shall commence upon submission of the items by the applicant to the Department of Planning Services. (Weld County Codification Ordinance 2000 - 1 ) Sec. 23 - 2 -230. Duties of Board of County Commissioners. A. The Board of County Commissioners shall: 1 . Set a Board of County Commissioners public hearing, to take place not more than forty-five (45) days after receipt of the Planning Commission recommendation, or upon request of the applicant, for consideration of the proposed Special Review Permit. 2. Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten ( 10) days prior to the hearing. 3. Give notice of the application for a Special Use Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten ( 10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate ). Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in sending Varra Companies, Inc. Weld County USR 26 Varra-Coulson Resource Project March 2014 such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 4. Arrange for the Department of Planning Services to post a sign on the property under consideration for a Special Review Permit according to the requirements of Section 23 -2 - 210 B . 4 of this Article. Acknowledged. B . The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23 - 2 - 240 and 23 -2 -250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23 -2 -240 and 23 - 2 -250 of this Division are met. The applicant shall demonstrate: 1 . That the proposal is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. The project conforms with Section 22 -5 -80 of Weld County' s Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The City of Greeley is expanding into the Cache la Poudre River with commercial and industrial uses encroaching from the west and north of the River. Industrial rejuvenation is underway with a new Leprino Cheese Plant nearing completion of construction, and other industrial development is either existing, under construction, or zoned for future development north of the river and along East 8th Street. While residential homes, primarily along 16th Street, are bounded by significant open space, and consistent with Varra Companies, Inc. Weld County USR 27 Varra-Coulson Resource Project March 2014 their A -Agricultural standing, residential densities appear to increase approximately one-half mile beyond the permit area to the south, and west into the city. The entire state of Colorado continues to be challenged by human migration into the state, and the resulting urban development is shaping State policies to enhance area infrastructure, including the enhancements of area roadways along and either side of Interstate 25 and Colorado Highway 85, for which this location is ideally situated to serve. With continued growth of human habitat and development, the products that serve the construction of this infrastructure comes from the ground. The aggregate resource must be recovered before it is overtaken by ever expanding urban development, or it is lost. Now is the time and this is the geologically determined and economically feasible location from which the proposed extraction activity must occur. It is a fact that the economic vitality of the State of Colorado and that of Weld County are intricately dependent upon aggregate resources for every aspect of human habitat, transportation, energy development, and other vital infrastructure. For example; the recent increases in oil and gas activities simply cannot continue without aggregate resources for their operations, facilities, and improvements necessary to access fields, create pads, and support their drilling locations. It all requires aggregate (sand, gravel, and other earth resources; whether taken from the natural state or processed into different essential products. The extraction of aggregate resource is in fact resource conservation. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. It must be taken where it is found, but the result of that activity tends to lessen the future density of subsequent urban development and support that results from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure; all of which are the desired and unavoidable characteristics of a healthy economy and its attending society. Section 22 -5 -80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at Varra Companies, Inc. Weld County USR 28 Varra-Coulson Resource Project March 2014 this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. 2. That the proposal is consistent with the intent of the district in which the USE is located. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The application requests approval of an allowed use for the extraction of a valuable mineral deposit located within the identified existing A -Agriculture and Industrial I -3 lands to allow for the conservation of the underlying aggregate deposit. Reclamation will result in water storage basins over the majority of the location. Resource recovery simply cannot occur over lands developed with houses and other structures. By this submittal, the owner proposes to reclaim formerly blighted and neglected lands through extracting the underlying aggregate and reclaiming the resulting basins for water storage (Developed Water Resources). All previously affected lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation ; except where existing access roads, structures or other reasonable obstacles prevent it. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principal and surrounding land owners. 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. Varra Companies, Inc. Weld County USR 29 Varra-Coulson Resource Project March 2014 The genesis of the location is associated with the rise of sugar beet agriculture. Sugar beets were first grown in Colorado in 1869, one year before members of a joint -stock colonization company called the Union Colony of Colorado founded the City of Greeley. By 1879, the state' s agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production. As Colorado 's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899. Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. By 2007, the former sugar mill and its lands were reported as blighted in the Greeley Tribune. The lands of the old sugar mill were acquired from the Cooperative and replaced by Leprino Foods, and a cheese factory now stands where the old mill stood, after it was demolished in 2008 -2009. Aerial images since the early 1950' s show the Varra-Coulson fields were row cropped on both sides of the existing Greeley Irrigation Canal #3, until the segment of the Cache la Poudre River to the north was channelized, estimated somewhere in the late 1960's to early 1970's. While more recent crops were in corn, it's likely at some point the land grew sugar beets to support the local mill. Areas north of Canal #3 changed to rangeland, consistent with the parcel north of the river. By the middle of the first decade of the twenty -first century, both rangeland and cropland fell into disuse, and the idle lands became covered in weeds, mostly Koshia. By this submittal, the owner proposes to reclaim the blighted and neglected crop and rangelands that presently comprise the Varra-Coulson parcel through extracting the underlying aggregate and reclaiming the resulting basins for water storage and uses related to developed water resources. All formerly blighted lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation ; except where existing access roads, Varra Companies, Inc. Weld County USR 30 Varra-Coulson Resource Project March 2014 structures or other reasonable obstacles prevent it. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County zoning designation of the I -3 Industrial District for the lands designated for mineral reserve north of the Cache la Poudre River, and A -Agriculture, which applies to the entire lands considered for active extraction south of the Cache la Poudre River under this application. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. The location is flanked on the east and south by properties in the A- Agriculture Zone. Residential homes line 16th Street within the A - Agriculture Zone, with some neighborhoods identified in a mix of R - 1 and R-3 zoning, while continuing past a cemetery and into the mixed commercial/industrial section further to the east, otherwise north of the Cache la Poudre River, within the area general, and along Highway 85 nearly two miles to the west of the location. While some homes front the southern extraction limits, those limits are kept no closer than 125 feet from residential structures. Since extraction will approach 16th street from the near bottom of the pit, the fronting wall will serve to minimize noise from extraction equipment. Further, any noise emanating from an 80 decibel plant source (e.g. , a cone crusher) would be background residential level or 55 decibels by the time it reaches 400 feet from the source. This buffer will be maintained between such equipment and neighboring homes. Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within the plant site location. Each existing residence along 16th Street within the designated A - Agriculture zone is commonly surrounded by nearby trees and open space separating their residence from operations. This separation will be Varra Companies, Inc. Weld County USR 31 Varra-Coulson Resource Project March 2014 augmented by a six foot high chain link fence. The fence will replace the existing line of barbwire fence along 16th Street. The fenceline will be visually enhanced with a combination of 100 trees and shrubs. Trees and shrubs will include evergreen and deciduous species planted no closer than 20 feet apart from each individual planting, or clusters of three ; placed either side of the fenceline. One year old seedling or 1 inch caliper container stock will be utilized. No extraction is presently contemplated for the mineral reserve area north of the Cache la Poudre River. This area is surrounded by I -3 Industrial lands to the north and east, the river to the south, and existing extraction activity to the immediate west which will also be transformed into developed water resources and managed reservoirs similar to those lands south of the river within the permit boundary. There are no known impacts to surrounding uses in their own right to these lands north of the river, and those surrounding lands will not be affected by any future extraction activities if revised to active plans of extraction with the Colorado Office of Mined Land Reclamation. Should active extraction occur there, any residences opposite the boundary of that activity would receive the same benefit of a visual screen as that afforded to those residences lining the south side of 16th Street, as detailed above. Industrial I - 3 lands lie to the north and east of the permit boundary, and along 8th Avenue. These lands are either vacant, or bounded by land disturbances such as settling basins, waste piles, industrial yard and warehouse buildings and support facilities or equipments. Other existing mining operations flank the permit boundary to the west. Planned activities within the permit boundary will not interfere with any of the surrounding Industrial lands or their current activities. Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR) Exhibit C - 2: Extraction Plan Map, the greater concentration of plant and processing activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by area trees, open space and hillsides in the form of the flood plain escarpment. The location is approached internally and away from high density residential areas and roads. Varra Companies, Inc. Weld County USR 32 Varra-Coulson Resource Project March 2014 Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence-works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Many active operations serve to increase wildlife diversity and use that is otherwise crowded out by urban development, hence providing critical corridors, habitat, and protection for diverse wildlife species that would otherwise be lost. Often, the post mine landscape offers an obvious enhancement that might not otherwise be realized, especially over blighted or neglected lands such as these. The reclamation of extracted lands in fact often incorporates or introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better lend themselves to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. The proposal complements the Agricultural A District, and nearby residences, while providing at the time of reclamation a permanent buffer between them and the more conflicting I -3 Industrial lands to the north. While the existing, yet blighted, agricultural lands will change into managed reservoirs, that change is essential since resource recovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the former agricultural -industrial land base will be replaced in part with water resources ; a vital element of continued agricultural practices on surrounding lands, and for the ever increasing urban population and uses expanding into the Agricultural A District of Weld County. Varra Companies, Inc. Weld County USR 33 Varra-Coulson Resource Project March 2014 4. That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. The project conforms with Section 22 -5 -80 of Weld County' s Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development resulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Section 22 -5 -80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding land uses and mixed zoning. Resource recovery simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the formerly blighted landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use, that leaves the final land in a configuration that prevents high density urban development, common to residential subdivision for example. Varra Companies, Inc. Weld County USR 34 Varra-Coulson Resource Project March 2014 The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence-works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. The Future Compatibility : The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the Cache La Poudre River watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on OMLR Exhibit C - 2: Extraction Plan Map. 5. That the application complies with Article V of this Chapter if the proposal is located within any Overlay District Area identified by maps officially adopted by the County. The location is outside of any known geologic hazard. The location is within the Weld County Airport `Influence Zone, ' however, according to Varra Companies, Inc. Weld County USR 35 Varra-Coulson Resource Project March 2014 the Airport Authority, the planned activity does not pose a concern. The project does lie within the floodplain and a portion of the defined floodway of the Cache La Poudre River. Operational effects should not adversely impact any of the designated overlays, floodway or floodplain. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed use. Some of the identified soils are Prime Irrigated Soils as designated on the U.S.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved OMLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring revegetation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on - site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23 - 2 -260, below. 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. Varra Companies, Inc. Weld County USR 36 Varra-Coulson Resource Project March 2014 The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations are situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety on site personnel and visitors are managed under authority of the federal MSHA program. All planned extraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the State of Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR). Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation [ OMLR] permit, and described in detail under OMLR Exhibit E - Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are eased by the location below and away from area residences and surrounded by existing or planned Industrial uses and activities. C . Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Special Review Permit upon implementation of such Varra Companies, Inc. Weld County USR 37 Varra-Coulson Resource Project March 2014 methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. Acknowledged. D . Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. Acknowledged. E. If the Special Review Permit is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and Recorder. (Weld County Codification Ordinance 2000 -1 ; Weld County Code Ordinance 2007 - 14) Acknowledged. Sec. 23 - 2 -240. Design Standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1 . Adequate water service in terms of quality, quantity and dependability is available to the site to serve the USES permitted. Bottled drinking water will be available for employees and visitors. Varra Companies, Inc. also has rights to its own water that it will utilize for all other project needs. A substitute supply plan will be submitted to the Colorado Office of the State Engineer - Division of Water resources, as Varra Companies, Inc. Weld County USR 38 Varra-Coulson Resource Project March 2014 developed by Cheryl Signs Engineering. The applicant shall present a copy of the approved well permit to the Department of Planning Services prior to recording the Plat or otherwise, prior to exposing groundwater at the location, or as otherwise designated by the Board of County Commissioners. The information provided by the applicant' s water engineer in Sec. 23 -4 -260 (13) and The Water Supply Information Sheet as submitted to fulfill Sec. 30 -28 -133 (d), C .R. S. , is consistent with that included in the submittals to the State Engineer as part of the applicant's assurance that operations will not result in an injury to vested and conditional water rights. 2. Adequate sewer service is available to the site to serve the USES permitted. While there are not existing sanitary facilities for the planned activities, prior to on - set of operations, the operator will provide two (2) commercially available port -o -lets near the entrance, accessible to both employees and visitors. 3. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. The soils described and shown on the vicinity map do not pose any restrictions to the facilities or uses planned under this submittal. The Weld County Soil Survey Soil Table, providing a complete listing of all soils and their limitations as they occur over the project area, are included in the addendum under OMLR Exhibit In - Soils and Vegetation Information. 4. Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted. Varra Companies, Inc. Weld County USR 39 Varra-Coulson Resource Project March 2014 A scalehouse, or any attending structures, will be provided with fire alarms and extinguishers. Heavy equipment is provided with fire extinguishers to the extent required by MSHA or the local fire district. Fern Avenue to the west and the Cache La Poudre River to the north when combined with on site haul roads along the basin perimeters, and the irrigation ditch that presently bisects the property ; function as fire breaks in the event of any potential grass fire. In general, the nature of the planned extraction activity will tend to reduce the potential for wildfire over the existing property by the removal of live plants and dead litter. Personnel are also trained under federal MSHA requirements in fire safety. 5. USES shall comply with the following stormwater management standards : a. Stormwater retention facilities shall be provided on site which are designed to retain the stormwater runoff from the fully developed site from a one-hundred -year storm or as otherwise required by the Department of Public Works. In the case of a LIVESTOCK CONFINEMENT OPERATION (L. C . O.), wastewater collection, conveyance and retention facilities shall be designed and constructed in accordance with the Confined Animal Feeding Operation Control Regulations (5 CCR 1002 - 19). As indicated in the included Stormwater Management Plan. b. The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the UNDEVELOPED site. During extraction activity, groundwater will be discharged into a nearby established drainageway in order to maintain the resulting basin until completion of reclamation of the basin for water storage. The location of the planned discharge locations are shown on OMLR Exhibit C -2: Extraction Plan. Groundwater discharge is provided for under an approved stormwater discharge permit issued by the Colorado Department of Health. Varra Companies, Inc. Weld County USR 40 Varra-Coulson Resource Project March 2014 The intersecting irrigation ditch and surrounding drainageways form an existing barrier to the transportation of intercepted direct precipitation, and tend to limit the introduction of waters from essentially non -existent overland flows from any upland watershed. The majority of any upland water will flow into and around the location along existing channels, or otherwise be intercepted by other unaffected channels, including the existing irrigation ditch. The extraction of materials will cause direct precipitation to drain internally toward the resulting basins. Above basin portions of the operation, including any plant site, stockpiles, haul roads, and other operational features are located on existing or excavated near table topography. All on -site drainage is managed under an approved Stormwater Management Plan. 6. All parking and vehicle storage shall be provided on the site; parking shall not be permitted within any public right -of -way. An adequate parking area shall be provided to meet the parking needs of employees, company vehicles, visitors and customers. Parking will be commonly limited to the plant and stockpile area identified on OMLR Exhibit C -2 : Extraction Plan Map, except where internal operations are necessary to the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as necessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be directed to the scale house or otherwise restricted by signage. 7. The USE shall comply with all the SETBACK and OFFSET requirements of the zone district. Acknowledged and provided for. Extraction and processing will be no closer than 10.0± feet from any structure, easement or right-of-way, and no closer than 125.0± feet from the exterior of any residential structure Varra Companies, Inc. Weld County USR 41 Varra-Coulson Resource Project March 2014 not owned or controlled by the operator (refer to the Vicinity Map and OMLR Exhibit C -2 : Extraction Plan Map. 8. The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow-accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. The location of the designated primary access road entrance from Fern Avenue will tend to minimize impact to area residences. Fern Avenue as it flanks the east boundary of the project connects the several existing and potential industrial uses and zones between 8th and 16th Streets where heavy haulers commonly utilize as a means to and from those uses and access to and from Colorado Highway 85 to the west. While existing agricultural access are preserved as secondary access for senior personnel and the landowners/users, all visitors and laborers will utilize the primary access. Parking will be commonly limited to the plant and stockpile area identified on OMLR Exhibit C - 2: Extraction Plan Map, except where internal operations are necessary to the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as necessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be directed to the scale house or otherwise restricted by signage. All Varra Company, Inc. personnel are encouraged to observe area speed limits in established company safety policy. Posted speed limits of 15 mph will be evident along the primary access road, or as otherwise determined in cooperation with U.S. MSHA requirements. Minimum specification of access where they meet Weld County roads, as specified in Part 9, below, will be honored. Varra Companies, Inc. Weld County USR 42 Varra-Coulson Resource Project March 2014 9. New accesses to public rights -of -way shall be constructed using the following as minimum standards: a. Size of drainage structure - twelve (12) inches in diameter. b. Length of drainage structure - twenty (20) feet. c. Depth of cover over pipe - twelve ( 12) inches. d. Width of access - fifteen ( 15) feet. e Maximum grade of access - fifteen percent ( 15% ). f. Flare radius - twenty (20) feet. g. Depth of surfacing - four (4) inches. Standards exceeding these minimums may be required depending on the type and volume of vehicles generated by the type of USE proposed. The above minimum standards will be applied as described, or as otherwise determined in cooperation with the Weld County Department of Road & Bridge, however, there is no new access to public rights -of-way under this application. There are existing points of internal access which will be upgraded to meet the needs turning semi truck and trailer combinations and other heavy equipment transport to and from the project location. The primary access is shown on OMLR Exhibit C -2: Extraction Plan Map. 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding uses. Buffering or SCREENING may be accomplished through a combination of berming, landscaping and fencing. General buffering or screening will occur in this setting during the extraction process for all extraction activities south of the Cache la Poudre River for occupants of homes along 16th Street fronting the southern boundary of the permit area. Each existing residence along 16th Street within the designated A -Agriculture zone is commonly surrounded by nearby trees and open space separating their residence from operations. This separation will be augmented by a six foot high chain link fence. The fence will replace the existing line of barbwire fence along 16th Street. The fenceline will be visually enhanced with a combination of 100 trees and shrubs. Trees and shrubs will include evergreen and deciduous species planted no closer than 20 feet apart Varra Companies, Inc. Weld County USR 43 Varra-Coulson Resource Project March 2014 from each individual planting, or clusters of three; placed either side of the fenceline. One year old seedling or 1 inch caliper container stock will be utilized. No extraction is presently contemplated for the mineral reserve area north of the Cache la Poudre River, or should later activity occur there. This area is surrounded by I -3 Industrial lands to the north and east, the river to the south, and existing extraction activity to the immediate west which will also be transformed into developed water resources and managed reservoirs similar to those lands south of the river within the permit boundary. There are no known impacts to surrounding uses in their own right to these lands north of the river, and those surrounding lands will not be affected by any future extraction activities if revised to active plans of extraction with the Colorado Office of Mined Land Reclamation. Should active extraction occur there, any residences opposite the boundary of that activity would receive the same benefit of a visual screen as that afforded to those residences lining the south side of 16th Street, as detailed above. All planned activity is consistent with adjacent existing mining operations to the immediate west of the permit boundary. All lands re-affected by operations within the designated permit area remaining above the static water level of the basins, except where existing access roads, structures or other reasonable obstacles prevent it, will be vegetated with the approved grass mixture, as detailed under the OMLR Permit Exhibit L - Table L- 1 : Primary/Preferred Re -vegetation Seed Mixture. Any 80± decibels (db ) source from planned processing or plant facilities will be located 400.0± feet or greater from any existing residential structure not owned or controlled by the applicant, minimizing the effects of facility noise on area residents. At 400± feet or greater from a known source of 80± decibels (db), measured noise levels are at background residential, or 55± db. 11 . Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. Varra Companies, Inc. Weld County USR 44 Varra-Coulson Resource Project March 2014 Some of the identified soils are Prime Irrigated Soils as designated on the U.S.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved OMLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring revegetation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on - site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23 - 2 -260, below. B . If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is approved, the Planning Commission shall arrange for the Department of Planning Services to record the appropriate Facilities Plan, Utility Line or Selected Route Map with the County Clerk and Recorder. (Weld County Codification Ordinance 2000 - 1 ) This section does not appear applicable to the planned project activities. Sec. 23 - 2 -250. Operation Standards. An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Varra Companies, Inc. Weld County USR 45 Varra-Coulson Resource Project March 2014 Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25 - 12 - 101 , C . R. S . Any 80± decibels (db ) source from planned processing or plant facilities will be located 400. 0± feet or greater from any existing residential structure not owned or controlled by the applicant, minimizing the effects of facility noise on area residents. At 400± feet or greater from a known source of 80± decibels (db), measured noise levels are at background residential, or 55± db. By example : On 28 August 1998, using a hand held decibel meter, on loan from the Weld County Department of Health, noise levels were measured from plant/processing locations at two approved resource recovery locations located along St. Vrain Creek. Decibel readings were taken at 100 foot increments, commencing at ground zero where an El Jay cone crusher was operational as the principal noise source. Other background sources were operational as well, including several conveyors, screeners, and moving heavy equipment (both front end loaders and scrapers). Initial readings varied by 10.0± db. Average readings radiating from the principal source, beginning at ground zero, are as follows : Ground 0: 80± db @ 100.0± feet 70 + db * @ 200.0± feet 65± db * * @ 300.0± feet 60± db @ 400.0± feet 55± db Note: A 10± db drop was consistently recorded at the first 100. 0± feet from ground zero. ** Note: With each 100. 0± feet of distance from the source, decibel readings dropped 5± db, beginning at a distance of 200.0± feet from the source. Average noise from a passing vehicles traveling on a paved segment of Weld County Road 13 at 55± mph, when measured 100± feet from the source, averaged 60± to 70± db, depending upon the size of the vehicle. The majority of area residences abut area roads and highways, therefore, the anticipated Van-a Companies, Inc. Weld County US 46 Van-a-Coulson Resource Project March 2014 sound levels of any plant or processing activity is reasonably anticipated to be at or below 55 ± db, the background noise already present for area residences. Again, to better assure tolerances are maintained, plant and processing equipment will not be closer than 400.0± feet from an adjacent residential structure not owned or controlled by the operator. Combined with the muting effect of the mature vegetation surrounding the neighborhood and the inevitable product stockpiles surrounding the facilities, noise reaching area residences should approximate 55± db or lower, with a tolerance of 10± db . B . The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. A Fugitive Dust Permit will be secured from the Colorado Department of Health. All permits will be maintained and updated in accordance with Colorado Department of Health requirements. Additional permits will be secured as necessary to maintain compliance with planned processing activities as they come on -line. C . The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. A Stormwater Management Plan is in place for this operation under an established Universal Stormwater Management Plan utilized for all Varra Companies, Inc. project operations. An approved stormwater permit will be secured from the Colorado Department of Health. Additional permits will be secured as necessary to maintain compliance with planned processing activities as they come on -line. D . The USES shall comply with the following lighting standards: 1 . Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties ; and 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private Varra Companies, Inc. Weld County USR 47 Varra-Coulson Resource Project March 2014 STREETS and no colored lights may be used which may be confused with or construed as traffic control devices. Appropriate measures will be taken to comply with this section. For example : should a procedure such as welding be required on open ground, the service vehicle will be placed in an attempt to shield light emanating from such activity from nearby residences or local traffic. Where and when fixed lighting is necessary for the safety of personnel or visitors, operational lighting will to the extent possible and allowed by other regulating agencies (e. g. , U. S. MSHA) be diffuse, deflected or otherwise directed away from area residences. Any 80± decibels (db ) source from planned processing or plant facilities will be located 400± feet or greater from any existing residential structure not owned or controlled by the applicant, minimizing the effects of facility lighting or noise on area residents or local traffic. All access into the property will intersect adjacent County roads perpendicularly. No colored lights will be used in a manner or proximity to County roads so as to be construed as a traffic control device. E. The USES shall not emit heat so as to raise the temperature of the air more than five degrees (5°) Fahrenheit at or beyond the LOT line. There are no known uses planned under this submittal which would affect temperatures at or beyond the lot line. F. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. A complete and thorough weed management plan will be implemented, as detailed in OMLR Exhibit I/J - Soils and Vegetation Information. The plan at a minimum conforms with this policy. Varra Companies, Inc. Weld County USR 48 Varra-Coulson Resource Project March 2014 G. Any off -site and on -site improvements agreement shall be made in conformance with the County policy on collateral for improvements. (Weld County Codification Ordinance 2000 -1 ; Weld County Code Ordinance 2007 - 1 ) Acknowledged. Sec. 23 - 2 -260. Application Requirements. A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to he unnecessary to a decision on the application : 1 . A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. The project conforms with Section 22 -5 -80 of Weld County' s Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The City of Greeley is expanding into the Cache la Poudre River with commercial and industrial uses encroaching from the west and north of the River. Industrial rejuvenation is underway with a new Leprino Cheese Plant nearing completion of construction, and other industrial development is either existing, under construction, or zoned for future development north of the river and along East 8th Street. While residential homes, primarily along 16th Street, are bounded by significant open space, and consistent with their A -Agricultural standing, residential densities appear to increase approximately one-half mile beyond the permit area to the south, and west into the city. The entire state of Colorado continues to be challenged by human migration into the state, and the resulting urban development is shaping State policies to enhance area infrastructure, including the enhancements Varra Companies, Inc. Weld County USR 49 Varra-Coulson Resource Project March 2014 of area roadways along and either side of Interstate 25 and Colorado Highway 85, for which this location is ideally situated to serve. With continued growth of human habitat and development, the products that serve the construction of this infrastructure comes from the ground. The aggregate resource must be recovered before it is overtaken by ever expanding urban development, or it is lost. Now is the time and this is the geologically determined and economically feasible location from which the proposed extraction activity must occur. It is a fact that the economic vitality of the State of Colorado and that of Weld County are intricately dependent upon aggregate resources for every aspect of human habitat, transportation, energy development, and other vital infrastructure. For example; the recent increases in oil and gas activities simply cannot continue without aggregate resources for their operations, facilities, and improvements necessary to access fields, create pads, and support their drilling locations. It all requires aggregate (sand, gravel, and other earth resources; whether taken from the natural state or processed into different essential products. The extraction of aggregate resource is in fact resource conservation. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. It must be taken where it is found, but the result of that activity tends to lessen the future density of subsequent urban development and support that results from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure; all of which are the desired and unavoidable characteristics of a healthy economy and its attending society. Section 22 - 5 -80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. Varra Companies, Inc. Weld County USR 50 Varra-Coulson Resource Project March 2014 2. A statement which explains that the proposal is consistent with the intent of the district in which the USE is located. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The application requests approval of an allowed use for the extraction of a valuable mineral deposit located within the identified existing A -Agriculture and Industrial I -3 lands to allow for the conservation of the underlying aggregate deposit. Reclamation will result in water storage basins over the majority of the location. Resource recovery simply cannot occur over lands developed with houses and other structures. By this submittal, the owner proposes to reclaim formerly blighted and neglected lands through extracting the underlying aggregate and reclaiming the resulting basins for water storage (Developed Water Resources). All previously affected lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation ; except where existing access roads, structures or other reasonable obstacles prevent it. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principal and surrounding land owners. 3. A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USES. The genesis of the location is associated with the rise of sugar beet agriculture. Sugar beets were first grown in Colorado in 1869, one year before members of a joint -stock colonization company called the Union Colony of Colorado founded the City of Greeley. By 1879, the state' s agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production. Varra Companies, Inc. Weld County USR 51 Varra-Coulson Resource Project March 2014 As Colorado 's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899. Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. By 2007, the former sugar mill and its lands were reported as blighted in the Greeley Tribune. The lands of the old sugar mill were acquired from the Cooperative and replaced by Leprino Foods, and a cheese factory now stands where the old mill stood, after it was demolished in 2008 -2009. Aerial images since the early 1950' s show the Varra-Coulson fields were row cropped on both sides of the existing Greeley Irrigation Canal #3, until the segment of the Cache la Poudre River to the north was channelized, estimated somewhere in the late 1960 's to early 1970's. While more recent crops were in corn, it's likely at some point the land grew sugar beets to support the local mill. Areas north of Canal #3 changed to rangeland, consistent with the parcel north of the river. By the middle of the first decade of the twenty-first century, both rangeland and cropland fell into disuse, and the idle lands became covered in weeds, mostly Koshia. By this submittal, the owner proposes to reclaim the blighted and neglected crop and rangelands that presently comprise the Varra-Coulson parcel through extracting the underlying aggregate and reclaiming the resulting basins for water storage and uses related to developed water resources. All formerly blighted lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation ; except where existing access roads, structures or other reasonable obstacles prevent it. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County zoning designation of the I -3 Industrial District for the lands designated for mineral reserve north of the Cache la Poudre River, and A -Agriculture, which applies to the entire lands Varra Companies, Inc. Weld County USR 52 Varra-Coulson Resource Project March 2014 considered for active extraction south of the Cache la Poudre River under this application. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. The location is flanked on the east and south by properties in the A- Agriculture Zone. Residential homes line 16th Street within the A - Agriculture Zone, with some neighborhoods identified in a mix of R - 1 and R-3 zoning, while continuing past a cemetery and into the mixed commercial/industrial section further to the east, otherwise north of the Cache la Poudre River, within the area general, and along Highway 85 nearly two miles to the west of the location. While some homes front the southern extraction limits, those limits are kept no closer than 125 feet from residential structures. Since extraction will approach 16th street from the near bottom of the pit, the fronting wall will serve to minimize noise from extraction equipment. Further, any noise emanating from an 80 decibel plant source (e.g. , a cone crusher) would be background residential level or 55 decibels by the time it reaches 400 feet from the source. This buffer will be maintained between such equipment and neighboring homes. Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within the plant site location. Each existing residence along 16th Street within the designated A - Agriculture zone is commonly surrounded by nearby trees and open space separating their residence from operations. This separation will be augmented by a six foot high chain link fence. The fence will replace the existing line of barbwire fence along 16th Street. The fenceline will be visually enhanced with a combination of 100 trees and shrubs. Trees and shrubs will include evergreen and deciduous species planted no closer than 20 feet apart from each individual planting, or clusters of three ; placed either side of the fenceline. One year old seedling or 1 inch caliper container stock will be utilized. Varra Companies, Inc. Weld County USR 53 Varra-Coulson Resource Project March 2014 No extraction is presently contemplated for the mineral reserve area north of the Cache la Poudre River. This area is surrounded by I -3 Industrial lands to the north and east, the river to the south, and existing extraction activity to the immediate west which will also be transformed into developed water resources and managed reservoirs similar to those lands south of the river within the permit boundary. There are no known impacts to surrounding uses in their own right to these lands north of the river, and those surrounding lands will not be affected by any future extraction activities if revised to active plans of extraction with the Colorado Office of Mined Land Reclamation. Should active extraction occur there, any residences opposite the boundary of that activity would receive the same benefit of a visual screen as that afforded to those residences lining the south side of 16th Street, as detailed above. Industrial I - 3 lands lie to the north and east of the permit boundary, and along 8th Avenue. These lands are either vacant, or bounded by land disturbances such as settling basins, waste piles, industrial yard and warehouse buildings and support facilities or equipments. Other existing mining operations flank the permit boundary to the west. Planned activities within the permit boundary will not interfere with any of the surrounding Industrial lands or their current activities. Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR) Exhibit C - 2: Extraction Plan Map, the greater concentration of plant and processing activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by area trees, open space and hillsides in the form of the flood plain escarpment. The location is approached internally and away from high density residential areas and roads. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. Varra Companies, Inc. Weld County USR 54 Varra-Coulson Resource Project March 2014 While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence-works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Many active operations serve to increase wildlife diversity and use that is otherwise crowded out by urban development, hence providing critical corridors, habitat, and protection for diverse wildlife species that would otherwise be lost. Often, the post mine landscape offers an obvious enhancement that might not otherwise be realized, especially over blighted or neglected lands such as these. The reclamation of extracted lands in fact often incorporates or introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better lend themselves to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. The proposal complements the Agricultural A District, and nearby residences, while providing at the time of reclamation a permanent buffer between them and the more conflicting I -3 Industrial lands to the north. While the existing, yet blighted, agricultural lands will change into managed reservoirs, that change is essential since resource recovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the former agricultural-industrial land base will be replaced in part with water resources ; a vital element of continued agricultural practices on surrounding lands, and for the ever increasing urban population and uses expanding into the Agricultural A District of Weld County. 4. A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. Varra Companies, Inc. Weld County USR 55 Varra-Coulson Resource Project March 2014 The project conforms with Section 22 -5 - 80 of Weld County' s Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development resulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Section 22 -5 -80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding land uses and mixed zoning. Resource recovery simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the formerly blighted landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use, that leaves the final land in a configuration that prevents high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence-works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The Varra Companies, Inc. Weld County USR 56 Varra-Coulson Resource Project March 2014 more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. The Future Compatibility : The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the Cache La Poudre River watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on OMLR Exhibit C - 2: Extraction Plan Map. 5. A statement which explains that the application complies with Article V of this Chapter if the proposal is located within any Overlay District Area identified by maps officially adopted by the COUNTY. The location is outside of any known geologic hazard. The location is within the Weld County Airport `Influence Zone, ' however, according to the Airport Authority, the planned activity does not pose a concern. The project does lie within the floodplain and a portion of the defined floodway of the Cache La Poudre River. Operational effects should not adversely impact any of the designated overlays, floodway or floodplain. 6. A statement which explains that if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has Varra Companies, Inc. Weld County USR 57 Varra-Coulson Resource Project March 2014 demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed USE. Some of the identified soils are Prime Irrigated Soils as designated on the U.S.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved OMLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring reveget ation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on - site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23 - 2 -260, below. 7. A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. Varra Companies, Inc. Weld County USR 58 Varra-Coulson Resource Project March 2014 By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations are situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety on site personnel and visitors are managed under authority of the federal MSHA program. All planned extraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the State of Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR). Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation [OMLR ] permit, and described in detail under OMLR Exhibit E - Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are eased by the location below and away from area residences and surrounded by existing or planned Industrial uses and activities. C . The following general information shall be submitted : 1 . Name, address and telephone number of the applicants. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 (303) 666 -6657 2. Name and address of the fee owners of the property proposed for the Use by Special Review if different from above. Varra Companies, Inc. Weld County USR 59 Varra-Coulson Resource Project March 2014 Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 (303) 666 -6657 3. Legal description of the property under consideration. Please refer to OMLR Exhibit A - Legal Description. 4. Total acreage of the parcel under consideration. The USR boundary comprises 100. 63❑ acres. 5. Existing land USE of the parcel under consideration. The location is blighted and dormant from its prior agricultural use. Former rangeland north of the Greeley Irrigation Canal #3, and north of the Cache la Poudre River was overgrazed. The remainder of the lands south of the Greeley Irrigation Canal #3 is fallow cropland that in summer is covered with Koshia approximately nearly 10.0 feet in height. Existing oil and gas activities continue, but former agricultural activity is absent. The extraction of a mineral deposit is an allowable use within the Weld County Industrial I -3 and A -Agricultural zones. 6. Existing land USES of all properties ADJACENT to said parcel. All properties referenced below are shown relative to the other on the included Vicinity Map. The Existing and Adjacent land Uses respective of the project location are as follows: Varra Companies, Inc. Weld County USR 60 Varra-Coulson Resource Project March 2014 NOTE : Yellow highlighted parcel or any utility (all non -highlighted) shown in the utility list is within, adjacent to, or within 200 feet from the parcel boundary; while a parcel number with no highlight is within 500 feet of the parcel. Parcel number 096102000005 may include entities within 200 -500 feet or greater from the parcel. This list may contain additional information on addresses or entities not on the official list, but to better assure full disclosure. Please refer to the Signed Affidavit of Interested Land Owners Surface Estate for the official true and accurate list directly taken as determined from the Weld County on -line GIS resource. Property Name & Address Use(s) Number 096110100006 Coulson Excavating Company, Inc. I-3 Industrial 3609 NCR 13 A-Agriculture Loveland, Colorado 80538 and Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 096110100005 Jesse Corral A-Agriculture 2305 East 16th Street Greeley, Colorado 80631 096103000036 Doeringsfeld & Aratas Partnership I-3 Industrial 096110100001 c/o 8120 Gage Street A-Agriculture 096110100002 _ Frederick, Colorado 80516 096103000036 Varra Companies, Inc. 1-3 Industrial 096110100001 8120 Gage Street A-Agriculture 096110100002 Frederick, Colorado 80516 096111000108 DPG Farms, Inc. 1-3 Industrial 3300 South Parker Road, Ste. 300 A-Agriculture _ Aurora, Colorado 80014 _ 0961 11000019 Sharon Faye Long Living Trust I-3 Industrial 1218 Fern Avenue A-Agriculture Greeley, Colorado 80631 Resent to : Sharon Long 2548 WCR 80 Eaton, Colorado 80615 096111000018 Jack Allmer 1-3 Industrial 096102000017 1100 Fern Avenue Greeley, Colorado 80631 Varra Companies, Inc. Weld County USR 61 Varra-Coulson Resource Project March 2014 096102000005 Aero Storage Leasing,LLC Greeley-Weld 625 Airport Road County Airport Greeley, Colorado 806319148 and Aims Junior College District a.k.a., Aims Community College 5401 W 20 Street Greeley, Colorado 80634 and Aircraft Cylinders Engines Inc 625 Buss Avenue Greeley, Colorado 80631 -9157 and Dean Anderson Po Box 865 Greeley, Colorado 80632-0865 312 38th Avenue Greeley, Colorado 80634- 1118 1917 15th Avenue Greeley, Colorado 80631 Beegles Aircraft Service 635 Airoort Road Greeley, Colorado 80632 and Bell Scott 624 Buss Avenue #55 Greeley, Colorado 80632 P.O. Box 126 Greeley, Colorado 80631 and Linda Belleau DBA Barnstormer Restaurant Varra Companies, Inc. Weld County USR 62 Varra-Coulson Resource Project March 2014 600 Airport Road, Unit B Greeley, Colorado 80632 and Gary Bauerle 1845 36th Avenue Ct. Greeley, Colorado 80634-2826 and Gary E. Bjorklund ork lured 5965 W 23rd Street Greeley, Colorado 80634- 8951 and Donald Buman FamilyTrust 8108 Arkins Court Loveland, Colorado 80538-9401 and Ray Burnham c/o Beegles Aircraft Service, Inc. 635 Airport Road Greeley, Colorado 80631 -9148 and C & C Aria 1 Sprayers P.O. Box 1614 Greeley, Colorado 80632- 1614 and Carsetn/Griffin Living Trust 915 Goshawk Road Eaton, Colorado 80615-9008 and Centurion Holdings 3812 Tayside Court Timnath, Colorado 80547-2245 Varra Companies, Inc. Weld County USR 63 Varra-Coulson Resource Project March 2014 and CRCC Corporation 622 Ed Beegles Lane Greeley, Colorado 80631 -9085 and Devore Limited Partnership 61 Canyon View Drive Sheridan, Wyoming 82801 -9008 and Stanley L. Elmore 11814 WCR46 Milliken, Colorado 80543-9301 and David Fitzgerald Penelope Fonfara 3811 Royal Dr. Fort Collins, Colorado 80526-2943 and Robert D Francis P.O. Box 843 Greeley, Colorado 80632-0843 and GRCC Corp. 622 Ed Beegles Lane Greeley, Colorado 80631 -9085 119 North Second Street La Salle, Colorado 80645-3202 and Greeley Sport Aviation, LLC 4617 West 23rd Street Greeley, Colorado 80634-3267 Varra Companies, Inc. Weld County USR 64 Varra-Coulson Resource Project March 2014 and Greeley Weld County Airport Authority P.O. Box 727 Greeley, Colorado 80632-0727 and Harris Aviation, Inc. 625 Airport Road #4 Greeley, Colorado 80632 and Harris Fueling, Inc. 600 Airport Road C 625 Airport Road Greeley, Colorado 80632 and Milan Halek 7310 Pebble Court Niwot, Colorado 80503-8532 and Hanger 635, LLC 635 Airport Road Greeley, Colorado 80631 -9148 and Hanger Partners 1130 38th Avenue, Ste. B Greeley, Colorado 80634-2581 and Jerry Harmon 7215 West 21st Street Road Greeley, Colorado 80634 and Varra Companies, Inc. Weld County USR 65 Varra-Coulson Resource Project March 2014 Kenneth L. & Susanna M. Harris 625 Airport Road Greeley, Colorado 80631 -9148 and Jan F. Kreider 1455 Oak Circle Boulder, Colorado 80304- 1226 and Donald E. Lonhart 4909 West C Street Greeley, Colorado 80634-4392 and J.W. Duff Aircraft Company 675 Airport Road #36 575 Crosier Avenue #15 Greeley, Colorado 80632 8131 E. 40th Avenue Denver, Colorado 80207- 1712 Joseph W. Duff Trust 8131 E. 40th Avenue Denver, Colorado 80207- 1712 and Low Level Dusting Company, Inc. c/o GRCC Corp. 622 Ed Beegles Lane Greeley, Colorado 80631 Low Level Dusting Company, Inc. 119 2nd Street LaSalle, Colorado 80645 Low Level Dusting Company, Inc. c/o Harris Fueling Inc. 625 Airport Road Varra Companies, Inc. Weld County USR 66 Varra-Coulson Resource Project March 2014 Greeley, Colorado 80631 and Monfort of Colorado, Inc. do Swift Foods Co. 1770 Promontory Circle Greeley, Colorado 80634-9039 and Frank N iehus 24751 Kolstad Loop Elbert, Colorado 80106-9512 and Rev. Edward W. O'Connor Living Trust 1817 74th Avenue Greeley, Colorado 80634-8612 and Phelps-Tointon, Inc. 801 8th Street, Ste. 200 Greeley, Colorado 80631 -4094 Pitz Don 801 8th Street, Ste. 200 Greeley, Colorado 80631 -4094 and Precision Propeller Service, Inc. 631 Buss Avenue 631 Buss Avenue #47 Greeley, Colorado 80632 and David Sharp 2635 64th Avenue Greeley, Colorado 80634-8906 and Varra Companies, Inc. Weld County USR 67 Varra-Coulson Resource Project March 2014 Dan M. Stoos 19792 WCR 74 Eaton, Colorado 80615- 8917 and Rick Tackabury 1002 Indian Trail Drive Windosr, Colorado 80550-5604 and City of Greeley & Weld County Court House Greeley, Colorado 80631 and John D. Wheeler 1130 38t1 Avenue, Ste. B Greeley, Colorado 80634-2581 Wayne White 1130 38th Avenue, Ste. B Greeley, Colorado 80634-2581 Hensel Phelps Construction Co. 420 6th Avenue P.O. Box O Greeley, Colorado 80632-2332 Tom Randolph 2690 58th Avenue Greeley, Colorado 80634-4528 096103000004 Carmen G. Rodriguez I-3 Ind ustria 1 Fermin Rodriguez Francisco Rodriguez Rhomda Rodriguez Robert Rodriguez 2544 East 8th Street Greeley, Colorado 80631 096103000038 Bliss Investments, LLC 1-3 Industrial 096103400047 2438 East 8th Street 096103000031 Greeley, Colorado 80631 or Varra Companies, Inc. Weld County USR 68 Varra-Coulson Resource Project March 2014 P.O. Box 816 Greeley, Colorado 80632 096110100003 John & Lucille Paben A-Agriculture 2125 East 16th Street Greeley, Colorado 80632 and P.O. Box 401 Kersey, Colorado 80644 096110402011 William & Mindy Sue Clark R- 1 Residential 1601 Elder Avenue Greeley, Colorado 80631 and 2649 West 26th Avenue Denver, Colorado 80211 -6322 096110402012 Bradley & Jennifer Bauer R- 1 Residential 1613 Elder Avenue Greeley, Colorado 80631 096110401002 Ronald & Korina Glover R- 1 Residential 1622 Elder Avenue Greeley, Colorado 80631 0961 10401003 Danny Krien R- 1 Residential 1700 Elder Avenue Greeley, Colorado 80631 096110402004 Scott & Mary Mahaffey R- 1 Residential 1621 Elder Avenue Greeley, Colorado 80631 096110402005 Meredith Brooks R- 1 Residential 1641 Elder Ave. Greeley, Colorado 80631 0961 10401001 William & Teresa Vohs R- 1 Residential 1600 Elder Avenue Greeley, Colorado 80631 096110400039 Kathleen Hinojosa A-Agriculture 2136 East 16th Street Greeley, Colorado 80631 096110400040 Donald Daberkow A-Agriculture and Jim Landry 2146 East 16th Street Greeley, Colorado 80631 0961 10400007 Kathleen Hinojosa A-Agriculture 2196 East 16th Street Greeley, Colorado 80631 096110400006 Garrett Hurni A-Agriculture Varra Companies, Inc. Weld County USR 69 Varra-Coulson Resource Project March 2014 2222 East 16th Street Greeley, Colorado 80631 0961 10400005 NO NAME ! ! ! A-Agriculture 2320 East 16th Street Greeley, Colorado 80631 096110400004 Paul & Carol Light-Sey A-Agriculture 2400 East 16th Street Greeley, Colorado 80631 096110400057 Bobby & Patty Arellano A-Agriculture 2460 East 16t Street Greeley, Colorado 80631 096110400056 Abelardo & Nancy Vega A-Agriculture 2464 East 16th Street Greeley, Colorado 80631 and 1711 East 16th Street Greeley, Colorado 80631 096110400002 Suzanne & James Stanley R-3 Residential 2508 East 16th Street A-Agriculture Greeley, Colorado 80631 0961 10400001 Judith Meyer R-3 Residential 0961 1 1000024 2516 East 16th Street A-Agriculture Greeley, Colorado 80631 0961 1 1000073 Genaro Nunez & R-3 Residential Rosa Maria Vega A-Agriculture 1731 Fern Avenue Greeley, Colorado 80631 0961 1 1000106 Wayne & Teresa Johnson R-3 Residential 1700 Fern Avenue A-Agriculture Greeley, Colorado 80631 Other (Utilities, Name and Address Roads, etc) City ofGreeley City ofGreeley ATTN : City Clerk 1100 10th Street Greeley, Colorado 80631 Merit Energy Merit Energy ATTN : C lay Munger, Operations Manager 1313 North Denver Avenue, Building #3 Fort Lupton, Colorado 80621 and Varra Companies, Inc. Weld County USR 70 Varra-Coulson Resource Project March 2014 Merit Energy Company ATTN : Arlene Valliquette, Regulatory Affairs, R-O-W 1327 Noel Road, Ste. 1200 Tower 2 Dallas, Texas 75240 Matrix Energy Matrix Energy, LLC ATTN : David M. Blandford 201 Linden Street, Suite 301 Fort Collins, Colorado 80524 and Matrix Energy ATTN : David Blanford 300 Boardwalk Drive, #6A Fort Collins, Colorado 80525 Noble Energy Noble Energy Production, Inc. Production, Inc. ATTN : Right of Way Department 804 Grand Avenue Platteville, Colorado 80651 -7560 and Noble Energy ATTN : Right-of-Way Department 2115 117th Avenue Greeley, Colorado 80634 DCP Midstream DCP Midstream ATTN : Right ofWay Department 1324 North 7th Avenue Greeley, Colorado 80631 and DCP Midstream ATTN : Right-of-Way Department 3026 4th Avenue Greeley, Colorado 80631 North Weld North Weld County Water District County Water ATTN : Alan Overton Conservancy 33247 U.S. Highway 85 District Lucerne, Colorado 80646 Petroleum Petroleum Development Corporation Development 103 E. Main Street Varra Companies, Inc. Weld County USR 71 Varra-Coulson Resource Project March 2014 Corporation P.O. Box 26 Bridgeport, West Virginia 26330 and 1313 Denver Avenue, Bldg, #3 Fort Lupton, Colorado 80621 Local Address — alternate contact: Petroleum Development Corporation ATTN Eric Swenson 1775 Sherman Street, Ste. 3000 Denver, Colorado 80203 Lycos Energy Lycos Energy Corporation Corporation 6688 North Central Expressway Suite 1600 Dallas, Texas 75206 Poudre Valley Poudre Valley Rural Electric Association, Inc. Rural Electric 7649 REA Parkway Association, Inc. Fort Collins, Colorado 80528 Conquest Oil Conquest Oil Company Company 3400 West 16th Street, Ste. 6L Greeley, Colorado 80631 and 8203 West 20th Street Greeley, Colorado 80634 Cache Cache Exploration, Inc. Exploration, Inc. 1221 28th Ave. Greeley, Colorado 80631 Natural Gas Natural Gas Associates, Inc. Associates, Inc. 1801 Broadway #1200 Denver, Colorado 80202 Or possibly: Natural Gas Associates of Co lorado LLP 621 17th Street Denver, Colorado 80293-0621 The Greeley The Greeley Irrigation Company Irrigation P.O. Box 449 Company Greeley, CO 80632 Ogilvy Irrigation Ogilvy Irrigation & Land Company Ditch Greeley, Colorado 80631 Varra Companies, Inc. Weld County USR 72 Varra-Coulson Resource Project March 2014 and Ogilvy Irrigation & Land Company ATTN : Steve Cockroft, Ditch Rider 28609 WCR 57.5 Kersey, Colorado 80644 Century Link Century Link ATTN : Right-of-Way Department 12680 WCR 58 Greeley, Colorado 80634 and Century Link Carson Ortega, Engineer III 2505 1st Ave. Greeley, Colorado 80631 Xcel Energy Xcel Energy ATTN Doug Dalton, Right-of-Way Department 1500 6th Avenue Greeley, Colorado 80632 Corncast Cable Comcast Cable Co. Co. ATTN : Right-of-Way Department 3737 West 10th Street Greeley, Colorado 80634 A"1'M O S Energy ATMOS Energy ATTN : Right-of-Way Department 1200 11th Avenue Greeley, Colorado 80631 -3928 Weld County Weld County Department of Public Works Department of ATTN : Don Carroll, Engineering Public Works Administrator P.O. Box 758 Greeley, Colorado 80632-0758 7. Present zone and overlay zones, if appropriate. The parcel is zoned 1 -3 - Industrial north of the Cache la Poudre River, and A -Agriculture south of the Cache la Poudre River. The location is outside of any known geologic hazard. The location is within the Weld County Airport `Influence Zone, ' however, according to the Airport Authority, the planned activity does not pose a concern. The project does Varra Companies, Inc. Weld County USR 73 Varra-Coulson Resource Project March 2014 lie within the floodplain and a portion of the defined floodway of the Cache La Poudre River. Operational effects should not adversely impact any of the designated overlays, floodway or floodplain. 8. Signatures of the applicant and fee owners or their authorized legal agent. The required signatures are on the application form, and included as an addendum to this submittal. 9. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. The required certified list is provided as an addendum to this submittal. 10. The written certification required by Section 24 -65. 5 - 103.3, C .R. S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24 - 65. 5 - 103 ( 1 ), C .R.S. The required certification is provided as an addendum to this submittal. 11 . The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the parcel area. Varra Companies, Inc. Weld County USR 74 Varra-Coulson Resource Project March 2014 The required certificate is provided as an addendum to this submittal. 12. Proposed LANDSCAPE plans. Consistent with OMLR Exhibit E - Reclamation Plan, revegetation will occur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses; and will involve the application of the OMLR approved seed mixture detailed under OMLR Exhibit L - Table L- 1 : Primary/Preferred Re-vegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form, function, and color, and are highly adaptable to the new soils. 13. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. Varra Companies, Inc. maintains ongoing communications oil and gas producers associated with the subject property to assure the mutual interests and protection of our respective activities, facilities, and personnel. Varra Companies, Inc. manages all of its activities in conformance with existing oil and gas agreements with each individual producer and related agreed to set backs; and as otherwise supported by Stability Analysis determinations performed by AWES, LLC ; Fort Collins, Colorado; consistent with Colorado Mined Land Reclamation Act, C .R.S. 34 -32. 5 115 (4) (e); OMLR Rule 6. 4. 19 Exhibit S ; and correlated approved permit M2010-049. Varra Companies, Inc. Weld County USR 75 Varra-Coulson Resource Project March 2014 14. The applicant shall submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA. No known IGA is within the proximity of the project location. 15. A proposed plan for installation of desired signs following the standards set forth in Chapter 23, Article IV , Division 2. Any signage used by the operation for purposes of on - site MSHA, or related operational signage will conform to all specifications set forth in Chapter 23, Article IV , Division 2 of the Weld County Code of Regulations, including all setback, height and size specifications where applicable. 16. A Certificate of Conveyances form provided by the Department of Planning Services and completed by a Title Insurance or Abstract Company. The required Certificate of Conveyances form as completed by a Title Insurance or Abstract Company, is provided as an addendum to this submittal. D . A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required : 1 . Type of USE for which the application is being made. The application requests approval of an allowed use for the extraction of a valuable mineral deposit located within the existing A -Agriculture and Industrial 1 - 3 lands to allow for the conservation of the underlying aggregate deposit. Reclamation will result in water storage basins over the majority of the location. Varra Companies, Inc. Weld County USR 76 Varra-Coulson Resource Project March 2014 Revegetation will occur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses ; and will involve the application of the OMLR approved seed mixture detailed under OMLR Exhibit L - Table L- 1 : Primary/Preferred Re-vegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form, function, and color, and are highly adaptable to the new soils. 2. Proximity of the proposed USE to residential STRUCTURES. Please refer to the Vicinity Map and OMLR Exhibit C -2: Extraction Plan Map where the proximity of existing residential structures are identified and shown to scale on an aerial photograph relative to the project boundary and planned extraction limits. While some homes front the southern extraction limits, those limits are kept no closer than 125 feet from residential structures. Since extraction will approach 16th street from the near bottom of the pit, the fronting wall will serve to minimize noise from extraction equipment . Further, any noise emanating from an 80 decibel plant source (e. g. , a cone crusher) would be background residential level or 55 decibels by the time it reaches 400 feet from the source. This buffer will be maintained between such equipment and neighboring homes. Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within the plant site location. 3. The number of shifts to be worked and the maximum number of employees. Consistent with the adjacent Durham Project; an average of 9± employees (6 -12± at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs that require night time work, which may require up to three shifts over a 24 hour period. Other users include approximately (Range 20 - 250± ) commercial and private haulers per day, Varra Companies, Inc. Weld County USR 77 Varra-Coulson Resource Project March 2014 including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty- four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. 4. The maximum number of users, patrons, members, buyers or other visitors that the use by special review facility is designed to accommodate at any one ( 1 ) time. Please refer to Part 3, above. 5. Types and maximum numbers of animals to be concentrated on the site at any one (1 ) time. No animal concentration applies to this operation, however, historic uses, including past agricultural uses for cattle, horses, or other livestock, are not intended to be surrendered by this transitional use. (3. Types and numbers of operating and processing equipment to be utilized. Equipment may include, but is not limited to : H One or more cone crushers and attending screens, conveyors, and supporting electrical equipment and trailers; Portable concrete and asphalt plants; Varra Companies, Inc. Weld County USR 78 Varra-Coulson Resource Project March 2014 ❑ Recycling processing equipment; ❑ Grader, scrapers, bulldozers, front-end loaders, haul trucks of various sizes and weights, and conveyor systems; Scalehouse and scale; Fl Supporting facilities and trailers, including portable storage sheds and trailers. 7. Type, number and USES of the proposed STRUCTURES to be erected. All equipment and supporting structures planned for the operation at this time are temporary (e. g. , scalehouse; aggregate, concrete and asphalt plant/processing and related equipment; control towers and power trailers, etc. ) all of which are portable and will be transported to the designated plant and stockpile area identified in OMLR Exhibit C -2: Extraction Plan Map. Any permanent non -portable structures will receive any necessary building permits from the Weld County Building Department prior to construction. 8. Type, size, weight and frequency of vehicular traffic and access routes that will be utilized. Trucks may vary from pick -up size to small trailers for the general public, to 15 ton tandem or 25 ton semi commercial haulers with an anticipated average production departing the site of up to 5,000 tons per day and commonly 20 to 250 truck trips per day. Generally, vehicle weights will fall within 85,000± pounds or less. Routes into and away from the property will access Fern Avenue. All existing access from Fern Avenue will be used to facilitate access for authorized personnel, service vehicles, vendors, or occasional use. The on- site access for haul roads, heavy equipment, conveyors, and general traffic flanks the respective basins as shown on OMLR Exhibit C - 2: Extraction Plan Map. The location of the designated primary access road entrance from Fern Avenue will tend to minimize impact to area residences. Fern Avenue as Varra Companies, Inc. Weld County USR 79 Varra-Coulson Resource Project March 2014 it flanks the east boundary of the project connects the several existing and potential industrial uses and zones between 8th and 16th Streets where heavy haulers commonly utilize as a means to and from those uses and access to and from Colorado Highway 85 to the west, and U. S. Highway 34 to the south. While existing agricultural access are preserved as secondary access for senior personnel and the landowners/users, all visitors and laborers will utilize the primary access. Parking will be commonly limited to the plant and stockpile area identified on OMLR Exhibit C -2: Extraction Plan Map, except where internal operations are necessary to the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as necessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be directed to the scale house or otherwise restricted by signage. All Varra Company, Inc. personnel are encouraged to observe area speed limits in established company safety policy. Posted speed limits of 15 mph will be evident along the primary access road, or as otherwise determined in cooperation with U.S. MSHA requirements. Minimum specification of access where they meet Weld County roads, as specified in Part 9, below, will be honored. 9. Domestic sewage facilities. While there are no existing sanitary facilities for the planned activities, prior to on -set of operations, the operator will provide two (2) commercially available port -o -lets near the entrance, accessible to both employees and visitors. 10. Size of stockpile, storage or waste areas to be utilized. Varra Companies, Inc. Weld County USR 80 Varra-Coulson Resource Project March 2014 Please refer to OMLR Exhibit C - 2: Extraction Plan Map for the location of the Plant and Stockpile Areas designated for the operations. Height of deposit stockpiles will vary but average up to 30± feet. Soil stockpile height will also vary up to 30± feet when not comprised as part of the perimeter berm. 11 . Method and time schedule of removal or disposal of debris, JUNK and other wastes associated with the proposed USE . Debris or other unwanted material will not accumulate over the location for purposes of sanitation, safety, and general courtesy to our neighbors. All unwanted materials will be removed within 30 days of deposition to an appropriate land fill or other suitable location. Recyclable material will either be stockpiled and recycled on -site or transported to another permitted recycling location ; or taken to an authorized land fill or other suitable location. Generally, all waste or recyclable materials will be centralized at the designated plant site location identified on OMLR Exhibit C -2: Extraction Plan Map; and will utilize appropriate containers, pallets, or be of a nature inert to the area environment and stable in its present condition of and method storage if stockpiled in a manner open to the elements. 12. A time table showing the periods of time required for the construction of the operation. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C -2: Extraction Map. Within the permit boundary, there are four identifiable areas, the description of which will help to explain the nature of planned extraction and reclamation. Those identifiable areas are as follows: 52. 70❑ Acres Extraction - Middle Field. 11. 61❑ Acres Extraction - South Field. 64. 31❑ Sub -total 1 . 57❑ Acres Extraction - Canal #3 - to be relocated - transitional. 65. 880 Sub -total 1 . 98❑ Acres Reconstructed segment of Canal #3 (includes 0. 18 acres within the Poudre River 100 foot set -back area ). Van-a Companies, Inc. Weld County US 81 Van-a-Coulson Resource Project March 2014 67. 86 Sub -total 10. 75❑ Acres Mineral Reserve - North Field -undetermined ❑ years. 78. 61❑ Sub -total 22.02❑ Acres Affected Lands beyond planned extraction limits. 100. 63 TOTAL. Essentially, South Field, a segment of the Greeley Irrigation Canal #3, and Middle Field will be extracted as one tract. Extraction will commence near the northeast corner of South Field and expand radially in any unobstructed direction from that point. The timetable for extraction, commencing approximately fall to winter 2013 - 14 ; is estimated to take 25❑ years for the entire tract combined followed by an additional five years to complete reclamation; or a total estimated life of the mine of 30❑ years; ending approximately winter 2043 -44, depending upon market demand. Approved reclamation for all open areas of extraction and disturbed land will be secured by an appropriate financial warranty as determined by the OMLR, and adjusted to cover circumstances as they occur over the life of the operation. Simultaneous extraction will tend to accelerate the overall completion of extraction activities and final reclamation of the location, to the extent that it occurs. 13 . Proposed LANDSCAPE plans. Consistent with OMLR Exhibit E - Reclamation Plan, revegetation will occur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses; and will involve the application of the OMLR approved seed mixture detailed under OMLR Exhibit L - Table L - 1 : Primary/Preferred Re-vegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form , function, and color, and are highly adaptable to the new soils. 14. Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. Varra Companies, Inc. Weld County USR 82 Varra-Coulson Resource Project March 2014 Reclamation is concurrent with continuous resource recovery operations. Extraction activities will remove aggregate to a mean depth of 40.0 feet from the surface. Anomalous depths from 23. 00: to 50.0CI feet may occur. While extracted slopes may be temporarily 1 . 25H: 1V , all final basin (reservoir) slopes will be established concurrently with extraction and will conform to OMLR Rule 3. 1 . 5 (7), or flatter. The general direction of extraction activities over the diverse Fields is shown on OMLR Exhibit C -2 - Extraction Map. Extraction will not occur within 125❑ feet of any residential structure. Extraction will occur to within 10.0 feet of the permit boundary, easements, right -of -ways, and non -residential structures ; except that extraction activities will be limited to within 25.00 feet of well heads and facilities. Those same wellheads will be backfilled to create a 100 foot radius around the well head for future oil and gas activities at that well head. Fill will be placed concurrently with extraction around the well head and related facilities, to the extent practical. At all times, safety will take precedent. Because the permit area may be fully affected, phasing does not adequately describe the extraction and reclamation potential of the permit area. Fields are used, since each Field can be accessed concurrently with the other, and per OMLR 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, including concurrent reclamation ongoing within each field, will be utilized, based upon market conditions and the capacities of the operator. As indicated in OMLR Exhibit E - Reclamation Plan: As extraction progresses over planned areas in South Field and Middle Field ; the resulting 1 . 25H: 1V slopes created during extraction will be concurrently modified by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with OLMR Rule 3. 1 . 5 (7). Lands above the anticipated static water level of the basins and within 10. 0± feet below the anticipated final water level of the basins will be graded to 3H: 1V , or flatter. Lands below 10.0± feet from the anticipated final water level of the basins may approach 2H: 1V . Naturally occurring slopes may exceed 2H: 1V where not otherwise affected by extraction activities and will not Varra Companies, Inc. Weld County USR 83 Varra-Coulson Resource Project March 2014 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 OMLR Exhibit E - Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end -use potentials beyond reservoir storage, which may include residential, commercial or industrial structures or uses otherwise approved, now or in the future, by Weld County, Colorado. The extent and nature of the reservoir represents the maximum build -out respective of optimal extraction of commercial product and resulting final slopes. All affected lands above the anticipated high water mark of the reservoirs will be capped with a minimum of six (6.0❑) inches of soil, as supported by OMLR Exhibit I & J - Soils and Vegetation Information. Timing and use of soil is detailed further under OMLR Exhibit I & J - Soils and Vegetation Information and Exhibit L - Reclamation Costs. Where compacted lands 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 one reservoir basins totaling 59. 30❑ surface acres (refer to OMLR Exhibit F: Reclamation Map ). The balance of unoccupied affected lands above the anticipated final water level will be stabilized where necessary utilizing the approved OMLR seed mixture, as detailed under OMLR Exhibit E - Table E -1 : Primary Re-vegetation Seed Mixture. Lands not otherwise occupied will be later developed to the highest possible end -use, and will likely comprise a mixed use which may include other agricultural uses as well as light residential, commercial or industrial uses. All reaffected lands remaining above the anticipated final water level of the ponds, and not otherwise occupied by existing or planned mixed uses, will be re-vegetated with the approved seed mixture(s) for general agriculture. To aid in the establishment and survival of the preferred species, a wheatxwheatgrass sterile hybrid will be combined with either applied mixture as a substitute for the use of mulch. The former rangelands and irrigated croplands were likely comprised predominantly of introduced species, and by neglect deteriorated to a near monoculture of kochia is (Kochia scoparia), over some areas, especially the former Varra Companies, Inc. Weld County USR 84 Varra-Coulson Resource Project March 2014 croplands. Since the blighted land is being replaced with predominantly native grasses, the target for release over the revegetated lands is based upon the establishment of a stabilizing cover whose foliar umbrella equals or exceeds 25 percent of the total area of the ground as measured three inches above the native soil on a square meter basis for typical areas of reclaimed cover achieved within five years subsequent to the completion of all extraction activities. Since the area of surrounding lands is a mix of these uses, the site end use will retain these potentials. Mixed use(s), other than Developed Water Resources will occur and may include, but are not limited to: the retention of existing structures as desired for continued agricultural, residential, industrial, commercial, or other mixed use (as validated by any co -related and required Weld County Building Permits ); the creation of unforeseen future structures, and for the use and development of on-site water resources. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5. 0❑) years behind the onset of reclamation activities. The rate of reclamation activity, including grading, soiling and revegetation will follow concurrently with extraction and the respective timetables identified for extraction under OMLR Exhibit D - Mining Plan. All timetables are contingent upon market conditions; therefore, a probable range of time is indicated. With extraction activities anticipated to take up to 25 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to 300 years, or the year 2043 -44, depending upon market demand. 15. A statement delineating the need for the proposed USE. With continued growth of human habitat, infrastructure, energy, commerce and related development, combined with existing maintenance needs in both urban and agricultural locations, the products that serve these needs comes from non -renewable aggregate resources found in unique and limited geological locations. This aggregate resource must be recovered in advance of other development or it is lost. Now is the time and this is the geologically derived and economically feasible location available for such use. Varra Companies, Inc. Weld County USR 85 Varra-Coulson Resource Project March 2014 The initial site selection is influenced by the logistics of diverse market, economic and geological considerations. For example, the site must be located in the target market which is limited both by the location of recoverable aggregate, the offer of lands with marketable aggregate within them, and a proper demographic that allows for the product to reach markets based upon supply, demand, transportation distances and other economic considerations. Sociology, geography, and competition with other suppliers also influence these decisions. A source located in the foothills is not only highly difficult to obtain due to social resistance, it cannot compete for customers further out in the Great Plains where competitors with closer sources simply can out compete with lower bids due to lower transportation and production costs for customers nearer to them. Aggregate is a geologic deposit and it simply must be taken where it lies closest to the market need, as such lands are made available through the real estate market for purchase. Additionally, the aggregate deposit must be viable for recovery. In other words, to justify the costs of recovery, the deposit must be large enough in volume by depth and extent to justify the effort. The deposit must also offer the quality and diversity of rock product that the local market demands. Once a site with suitable aggregate quality, volume and market potential is determined, the selection of a site is still influence by other factors that affect competition and viability of the location. Simply put, the site must be affordable, the deposit must be accessible, and the sociology (capacity to obtain permits, labor, equipment, etc.) suitable to allow for the extraction of the deposit to actually occur. These considerations not only determine how viable the resource is for recovery, it has a direct bearing on how expensive a highway segment, residential development, foundation or sidewalk will be. An abundance of aggregate supply in the near proximity of human development activity will make the development of the infrastructure of that community more affordable due to the market forces of supply and demand than it will be where the same material must be transported longer distances from more remote deposits. The more remote the source is from the target market, the greater the impact on transportation systems, fuel demand, as well as wear and replacement of vehicles and equipment. Varra Companies, Inc. Weld County USR 86 Varra-Coulson Resource Project March 2014 For these reasons, area impacts from a source increase radially and may be felt by communities that do not necessarily receive product but simply act as corridors for its movement to the demand locations. It is for this reason that local deposits serving a more local market minimize both regional and cumulative impacts to area communities while best benefiting the economic interests of the local community nearest the source. Near or far, a source is always involved, and it is the demand that creates the need for the source. Another consideration is that extraction is unlike most other urban or rural activity. Extraction of aggregate resource is unique in that it is a transitional use of the land. Extraction is market driven by human population and demand in both rural and urban markets. The product must be extracted before any development can occur over the affected land, both legally, and practically. The demands on post extraction development are that the land be developed to the highest potential end use or uses. Planning for reclamation or restoration of the post extracted land often incorporates multiple end -uses involving a mixture of potentials for water resources, agricultural, residential, commercial or industrial development. The end -use reclamation must anticipate changes to the surrounding community 15 to 30 years between when a typical resource recovery operation begins and completes extraction and reclamation activities. The flexibility of multiple end -use planning helps capture the best complement of uses and values for the post extraction morphology and demographics. The demographics of a community are fluid, dynamic, yet commonly evidenced by increased human population and pressure on natural systems. In other words, the rural and native landscapes are transformed to the urban. Resource recovery operations typically exist at the cusp of this transformation. The resulting basins and altered but native alluvial landscapes serve to counter increased densities from the urban process, later viewed from higher ground nearby, often on a softwood deck pillared atop a bluegrass lawn. Another unique consideration in the recovery of aggregate is that it often occurs in alluvial areas where wetlands exist. Unlike the placement of a house, roadway, housing development, industrial or commercial sites and development, and utility or oil and gas facilities; aggregate must be Varra Companies, Inc. Weld County USR 87 Varra-Coulson Resource Project March 2014 removed where it lies. The only choice once a deposit is determined to be viable is how to remove it respective of unremedial obstacles (obstacles that cannot be cost effectively removed, repaired or replaced without exceeding the value of the aggregate deposit underlying them ). Wetlands are considered by VCI as unremedial obstacles and to be avoided unless they can be mitigated under an approved plan, such as an U.S. Army Corps of Engineers Nationwide or Individual Permit. Even then, only when the wetland (often in part but not the whole) poses an obstacle that threatens the economic vitality of the operations, the end - use potentials hoped for, and can otherwise be successfully mitigated through the potentials of reclamation methods and practices will the challenge of extracting through a wetland be considered. Under this submittal, there are no planned impacts to wetlands. Neither can the act of removing the deposit and avoiding obstacles remain the first and last consideration. All lands affected by extraction must be reclaimed or restored to an acceptable end use or range of uses. Post extraction end use is ultimately determined by the same market factors and land potentials that influence all human influences on the land; working imaginatively with the character of the affected lands as characterized by the extraction activities. Extracted lands simply are not allowed, by law or practicality, to be simply abandoned in place subsequent to extraction activities. For this reason, once a site has been acquired for extraction, the least viable sites have already been considered and rejected; making the source site the preferred site because it meets the requirements of the local market (i. e. , The site is near or within a viable local market with competitive elements of transportation, labor, equipment and other logistics - has a viable deposit that can justify the cost of acquisition, permitting, and establishment of infrastructure for extraction - and offers a good potential for post recovery development.). More simply stated, the aggregate resource must be conserved and recovered prior to the development over such lands. Aggregate resources must be extracted where they occur, and most often benefit the communities and urban infrastructures most local to the planned operations. Varra Companies, Inc. Weld County USR 88 Varra-Coulson Resource Project March 2014 16. A description of the proposed fire protection measures. A scalehouse, or any attending structures, will be provided with fire alarms and extinguishers. Heavy equipment is provided with fire extinguishers to the extent required by MSHA or the local fire district. Fern Avenue to the west and the Cache La Poudre River to the north when combined with on site haul roads along the basin perimeters, and the irrigation ditch that presently bisects the property ; function as fire breaks in the event of any potential grass fire. In general, the nature of the planned extraction activity will tend to reduce the potential for wildfire over the existing property by the removal of live plants and dead litter. Personnel are also trained under federal MSHA requirements in fire safety. 17. Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. Acknowledged. D . Special Review Permit Plan Map. 1 . The map shall be delineated on reproducible material approved by the Department of Planning Services. 2. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. 3. The Special Review Permit Plan Map shall include certificates for the property owner' s signature, the Planning Commission, the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. 4. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. a. The scale of the vicinity map shall be one ( 1 ) inch equals two thousand (2,000) feet or at another suitable scale if approved by the Department of Planning Services. Varra Companies, Inc. Weld County USR 89 Varra-Coulson Resource Project March 2014 b. The vicinity map shall delineate all of the required information within a one-half 4 ) mile radius of the property proposed for the Use by Special Review. c. The following information shall be shown on the vicinity map : 1 ) Section, township and range. 2) Scale and north arrow. 3) Outline of the perimeter of the parcel proposed for the Use by Special Review. 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. 5) Locations and names of all roads, irrigation ditches and water features. 6) Location of all residences within a one-half -mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting subdivision outlines and names, and the boundaries of any ADJACENT municipality. 7) Any other relevant information within a one-half -mile distance of the perimeter property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. The scale of the plot plan shall be one inch ( 1 ") equals one hundred feet (100) or at another suitable scale if approved by the Department of Planning Services. b. The plot plan shall outline the Boundaries of the parcel being considered for the Use by Special Review. c. The plot plan shall include the location and identification of all of the following items which exist within a two -hundred -foot radius of the boundaries of the Use by Special Review area, as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1 ) All public rights -of -way of record (including names ). 2) All existing and proposed STRUCTURES. 3 ) All utility easements or rights -of-way for telephone, gas, electric, water and sewer lines. Varra Companies, Inc. Weld County USR 90 Varra-Coulson Resource Project March 2014 4) Irrigation ditches. 5) Adjacent property lines and respective owners' names (may be shown on vicinity map instead). 6) All hydrographic features including streams, rivers, ponds and reservoirs (including names). 7) Topography at two -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the USES and associated STRUCTURES proposed for the parcel. 9) Location and design of stormwater management devices or STRUCTURES. 10) Complete traffic circulation and parking plan showing locations and sizes. 11 ) Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING. 12) Location of any flood hazard, GEOLOGIC HAZARD or mineral resource areas. 13) The location of any sign requiring zoning approval. Distances from property lines shall be indicated. 14) Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1 . Where an authorized legal agent signs the application for the fee owners, a letter granting power of attorney to the agent from the owners must be provided. 2. Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e. g. , a well permit or letter from a water district). Varra Companies, Inc. Weld County USR 91 Varra-Coulson Resource Project March 2014 3. Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. 4. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard. 5. A soil report of the site prepared by the Natural Resource Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. 6. If applicable, an Improvements Agreement executed by the applicant. This agreement shall be in accordance with the County policy and documents for collateral for improvements. 7. For a RESIDENTIAL THERAPEUTIC CEN'TER, submittal of a report demonstrating the need for the facility; data about the background, experience and financial capacity of the proposed operator; applicable licenses ; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility. The County may waive or modify these requirements, particularly if there is a risk of harm to the future occupants (e.g. , case of a domestic violence shelter). F. Photo Mechanical Transfer (PMT), if required. (Weld County Codification Ordinance 2000-1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code Ordinance 2002 -9; Weld County Code Ordinance 2003 - 10; Weld County Code Ordinance 2006 -2; Weld County Code Ordinance 2007 - 14; Weld County Code Ordinance 2011 -3 ) Acknowledged. Sec. 23 - 2 -270. Development Standards. An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the County. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or Varra Companies, Inc. Weld County USR 92 Varra-Coulson Resource Project March 2014 suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. (Weld County Codification Ordinance 2000 - 1 ; Weld County Code Ordinance 2001 -8) Varra Companies, Inc. Weld County USR 93 Varra-Coulson Resource Project March 2014 Division 4 Open Mining Sec. 23 - 4 -250. Purpose. The applicant shall submit three (3 ) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23 -4 -270 of this Code. The Mylar plat and additional requirements shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear bef ore it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Code Ordinance 2007 - 14 ; Weld County Code Ordinance 2010 -6 ; Weld County Code Ordinance 2012 -3) Acknowledged. Sec. 23 -4 -260. Application. Any operator desiring such a permit shall file an application in such form as prescribed by the Planning Commission. The application shall contain the following information : A. A complete and accurate legal description of the property for which the application is made. Varra Companies, Inc. Weld County USR 94 Varra-Coulson Resource Project March 2014 Please refer to OMLR Exhibit A - Legal Description and Map. B . The fee owners of the surface of the area to be mined. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 Coulson Excavating Company, Inc. 3609 NCR 13 Loveland, CO 80538 C . The fee owners of the substance to be mined. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 Coulson Excavating Company, Inc. 3609 NCR 13 Loveland, CO 80538 D . The source of the applicant' s legal rights to enter and to mine on the land affected by the permit. Please refer to OMLR Exhibit N - Source of Legal Right to Enter. A copy of the Deed is also included with the Weld County USR application submittal. Varra Companies, Inc. Weld County USR 95 Varra-Coulson Resource Project March 2014 E. The address of the general OFFICE and the local address or addresses of the applicant. Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 F. Whether the applicant or any affiliated person holds or has held any other permits for open cut mining and an identification of such permits. Weld County Construction Materials Extraction Operations : Dakolios Project OMLR Permit M1984 -036 Weld County USR # 616 Von Ohlen Project OMLR Permit M1989 -128 Weld County USR # 907 Firestone Project OMLR Permit M1984 -079 Firestone Annexation - Weld County USR # 627 Kurtz Project OMLR Permit M1999 -006 Weld County USR # 1219 Durham Project OMLR Permit M1978 -056 Weld County USR I/ 345 Heintzelman Project OMLR Permit M2009 -018 Firestone Annexation - Res. # 10 -10 Western Sugar Project OMLR Permit M2010 -049 Weld County USR /I 1760. G. A detailed description of the method of operation. Such description shall include : 1 . The types and numbers of operation and processing equipment to be employed. The operation involves the surface extraction of aggregate. Surface soil is removed from the underlying deposit. Soil in excess of that required for reclamation is considered a resource. Extraction if typically over the shoulder removal of the deposit utilizing (but not limited to) bulldozers, scrapers, front end loaders, and excavators. Extracted materials are typically transported by haul truck or conveyor to a designated plant area for processing. Operations require the flexibility of bringing to the designated plant site location (refer to OMLR Exhibit C -2: Extraction Plan Map) portable and Varra Companies, Inc. Weld County USR 96 Varra-Coulson Resource Project March 2014 temporary equipment, including a scale, scalehouse, wet processing plant, dry processing plant, portable concrete and/or asphalt plants; and/or recycling operations and related processing equipment. All equipment and plants are temporary and portable. Any permanent structures to be constructed on site and requiring and will apply for and obtain all required building permits through the Weld County Building Department prior to construction of regulated facilities. 2. The number of shifts to be worked and the maximum number of employees. Consistent with the adjacent Durham Project; an average of 9± employees (6 -12± at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs that require night time work, which may require up to three shifts over a 24 hour period. Other users include approximately (Range 20 - 250± ) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty- four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. 3. Whether the operation will involve a wet or dry pit. The operator requires discharge of groundwater to gain access to the necessary product in the most economically viable means possible. The pit will be maintained dry until such a time as extraction and basin slope reclamation and resoiling are completed for each Field of the project. Extraction activities will continue to remove aggregate Extraction activities will remove aggregate to a mean depth of 40. 0 feet from the Varra Companies, Inc. Weld County USR 97 Varra-Coulson Resource Project March 2014 surface. Anomalous depths from 23.0❑ to 50.0❑ feet or greater may occur. 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. 4. COUNTY roads and bridges to be utilized. The location of the designated primary access road near the intersection on Fern Avenue, will tend to minimize impact to area residential roads. Fern Avenue as it flanks the east boundary of the project connects the several existing and potential industrial uses and zones between 8th and 16th Streets where heavy haulers commonly utilize as a means to and from those uses and access to and from Colorado Highway 85 to the west, and U.S. Highway 34 to the south. Fern Avenue Bridge is north of the planned primary access road. 5. The size of the area and stages to be worked at any one time. Please refer to Parts 6, 7, and 8, below. The stages and areas to be worked are further identified in the OMLR Exhibit D - Extraction Plan and Exhibit C -2: Extraction Map. While all fields can be worked simultaneously, the rate, direction, and order of extraction will he determined by the strategies outlined in the extraction and reclamation plan exhibits, and by prevailing market conditions. 6. A timetable giving the periods of time which will be required for the various stages of the operation. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C -2: Extraction Map. Within the permit boundary, there are four identifiable areas, the description of which will help to explain the nature of planned extraction and reclamation. Those identifiable areas are as follows: 52. 70❑ Acres Extraction - Middle Field. Varra Companies, Inc. Weld County USR 98 Varra-Coulson Resource Project March 2014 11 . 61❑ Acres Extraction — South Field. 64. 31L Sub -total 1 . 57❑ Acres Extraction - Canal # 3 - to be relocated - transitional. 65. 88n Sub -total 1 . 98❑ Acres Reconstructed segment of Canal #3 (includes 0. 18 acres within the Poudre River 100 foot set -back area). 67. 86❑ Sub -total 10. 75❑ Acres Mineral Reserve - North Field -undetermined ❑ years. 78. 61CJ Sub -total 22.02❑ Acres Affected Lands beyond planned extraction limits. 100. 63❑ TOTAL. Essentially, South Field, a segment of the Greeley Irrigation Canal #3, and Middle Field will be extracted as one tract. Extraction will commence near the northeast corner of South Field and expand radially in any unobstructed direction from that point. The timetable for extraction, commencing approximately fall to winter 2013 - 14 ; is estimated to take 25❑ years for the entire tract combined followed by an additional five years to complete reclamation; or a total estimated life of the mine of 30❑ years; ending approximately winter 2043 -44, depending upon market demand. Approved reclamation for all open areas of extraction and disturbed land will be secured by an appropriate financial warranty as determined by the OMLR, and adjusted to cover circumstances as they occur over the life of the operation. Simultaneous extraction will tend to accelerate the overall completion of extraction activities and final reclamation of the location, to the extent that it occurs. 7. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C -2: Extraction Map. Extraction activities will remove aggregate to a mean depth of 40. 0❑ feet from the surface. Anomalous depths from 23.0❑ to 50. 0❑ feet or greater may occur. Varra Companies, Inc. Weld County USR 99 Varra-Coulson Resource Project March 2014 8. The proposed use of reclaimed lands and an explanation of the reclamation process. Reclamation is concurrent with continuous resource recovery operations. Extraction activities will remove aggregate to a mean depth of 40.0i_ feet from the surface. Anomalous depths from 23. 0❑ to 50.0❑ feet may occur. While extracted slopes may be temporarily 1 . 25H: 1V , all final basin (reservoir) slopes will be established concurrently with extraction and will conform to OMLR Rule 3. 1 . 5 (7), or flatter. The general direction of extraction activities over the diverse Fields is shown on OMLR Exhibit C -2 - Extraction Map. Extraction will not occur within 125❑ feet of any residential structure. Extraction will occur to within 10.0❑ feet of the permit boundary, easements, right -of -ways, and non -residential structures ; except that extraction activities will be limited to within 25.0❑ feet of well heads and facilities. Those same wellheads will be backfilled to create a 100 foot radius around the well head for future oil and gas activities at that well head. Fill will be placed concurrently with extraction around the well head and related facilities, to the extent practical. At all times, safety will take precedent. Because the permit area may be fully affected, phasing does not adequately describe the extraction and reclamation potential of the permit area. Fields are used, since each Field can be accessed concurrently with the other, and per OMLR 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, including concurrent reclamation ongoing within each field, will be utilized, based upon market conditions and the capacities of the operator. As indicated in OMLR Exhibit E - Reclamation Plan: As extraction progresses over planned areas in South Field and Middle Field ; the resulting 1 . 25H: 1V slopes created during extraction will be concurrently modified by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with OLMR Rule 3. 1 . 5 (7). Lands above the anticipated static water level of the basins and within 10.0± feet below the anticipated final water level of the basins will be graded to 3H: 1V , or flatter. Lands below 10. 0± feet from the anticipated final water level of Varra Companies, Inc. Weld County USR 100 Varra-Coulson Resource Project March 2014 the basins may approach 2H: 1V . Naturally occurring slopes may exceed 2H: 1V vvthere not otherwise affected by extraction activities and will not be altered as part of reclamation unless necessary to facilitate the reclamation of affected lands. A Backfill Notice is included with this application as an Addendum at the back of OMLR Exhibit E - Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end -use potentials beyond reservoir storage, which may include residential, commercial or industrial structures or uses otherwise approved, now or in the future, by Weld County, Colorado. The extent and nature of the reservoir represents the maximum build -out respective of optimal extraction of commercial product and resulting final slopes. All affected lands above the anticipated high water mark of the reservoirs will be capped with a minimum of six (6.0❑) inches of soil, as supported by OMLR Exhibit I & J - Soils and Vegetation Information. Timing and use of soil is detailed further under OMLR Exhibit I & J - Soils and Vegetation Information and Exhibit L - Reclamation Costs. Where compacted lands 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 one reservoir basins totaling 59. 30❑ surface acres (refer to OMLR Exhibit F: Reclamation Map ). The balance of unoccupied affected lands above the anticipated final water level will be stabilized where necessary utilizing the approved OMLR seed mixture, as detailed under OMLR Exhibit E - Table E -l : Primary Re-vegetation Seed Mixture. Lands not otherwise occupied will be later developed to the highest possible end -use, and will likely comprise a mixed use which may include other agricultural uses as well as light residential, commercial or industrial uses. All reaffected lands remaining above the anticipated final water level of the ponds, and not otherwise occupied by existing or planned mixed uses, will be re-vegetated with the approved seed mixture(s) for general agriculture. To aid in the establishment and survival of the preferred species, a wheatxwheatgrass sterile hybrid will be combined with either applied mixture as a substitute for the use of mulch. The former rangelands and irrigated croplands were likely comprised predominantly Varra Companies, Inc. Weld County USR 101 Varra-Coulson Resource Project March 2014 of introduced species, and by neglect deteriorated to a near monoculture of kochia (Kochia scoparia), over some areas, especially the former croplands. Since the blighted land is being replaced with predominantly native grasses, the target for release over the revegetated lands is based upon the establishment of a stabilizing cover whose foliar umbrella equals or exceeds 25 percent of the total area of the ground as measured three inches above the native soil on a square meter basis for typical areas of reclaimed cover achieved within five years subsequent to the completion of all extraction activities. Since the area of surrounding lands is a mix of these uses, the site end use will retain these potentials. Mixed use(s), other than Developed Water Resources will occur and may include, but are not limited to: the retention of existing structures as desired for continued agricultural, residential, industrial, commercial, or other mixed use (as validated by any co -related and required Weld County Building Permits); the creation of unforeseen future structures, and for the use and development of on- site water resources. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5. 0❑) years behind the onset of reclamation activities. The rate of reclamation activity, including grading, soiling and revegetation will follow concurrently with extraction and the respective timetables identified for extraction under OMLR Exhibit D - Mining Plan. All timetables are contingent upon market conditions; therefore, a probable range of time is indicated. With extraction activities anticipated to take up to 25 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to 30❑ years, or the year 2043 -44, depending upon market dem and. 9. The source of technical advice in that type of reclamation for the proposed MINING. Varra Companies, Inc. (Christopher L. Varra, President) in cooperation with: Garrett C . Varra, Vice President of Operations (Varra Companies, Inc. ) Brad Jones, Civil Engineer (Varra Companies, Inc. ) Varra Companies, Inc. Weld County USR 102 Varra-Coulson Resource Project March 2014 Joby Adams, Hydrogeologist (AWES, LLC .) ; Cheryl Signs, Water Engineer (Cheryl Signs Engineering); Douglas J. Trieste, P. H. , Flow Technologies, LLC ; Curtis Hoos, PLS (American West Land Surveyors); and, Bradford Janes, Professional Forester (Varra Companies, Inc. ) 10. If Applicable, for MINING that includes the recovery of the resources by processing on site; i. e. , in -situ MINING. The applicant shall provide to the Department of Planning Services evidence of compliance with all state and federal regulatory agencies which may have a permitting interest in the extraction of the mineral resource, including, at a minimum, written evidence that the appropriate permit has been approved and granted by each regulatory agency. Acknowledged. 11 . Any other information determined to be necessary by the Board of County Commissioners to insure the protection of the health, safety and welfare of the inhabitants of the County. Please refer to OMLR Exhibit M - Other Permits and Licenses. 12. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. Varra Companies, Inc. maintains ongoing communications oil and gas producers associated with the subject property to assure the mutual interests and protection of our respective activities, facilities, and personnel. Varra Companies, Inc. manages all of its activities in Varra Companies, Inc. Weld County USR 103 Varra-Coulson Resource Project March 2014 conformance with existing oil and gas agreements with each individual producer and related agreed to set backs; and as otherwise supported by Stability Analysis determinations performed by AWES, LLC . , Fort Collins, Colorado; consistent with Colorado Mined Land Reclamation Act, C .R. S. 34 -32. 5 115 (4) (e); OMLR Rule 6. 4. 19 Exhibit S ; and correlated approved permit M2010-049. 13. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. Included with this submittal is an agreement between the landowner and the Greeley Irrigation Company. 14. The application should address the following items : a. Water Consumption : 1 ) An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out. As detailed in OMLR Exhibit G - Water Information, the three components of the project water requirements are water removed with the product, dust control, and evaporation from exposed ground water. Dust will be controlled using truck sprinklers, and the estimated frequency is one load per day. At 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 1 , 200,000 tons of product is 35. 32 acre-feet per year. The estimated net evaporation is 2. 52 feet per year. At the maximum potentially exposed ground water of 59. 30± acres, the annual evaporation is 149. 58± acre -feet. Following extraction, if the extracted Varra Companies, Inc. Weld County USR 104 Varra-Coulson Resource Project March 2014 basins are lined as planned; the ultimate water demand will be zero. 2) The analysis should address the amount of water consumed in the MINING and processing of the material, including dust suppression. Water consumed by operations is addressed in Part 3 of OMLR Exhibit G: Water Information, and iterated in part in 13. a. 1 , above. Water consumed for processing is pending establishment of plant facilities. 3 ) The analysis should address the issue of water consumed for domestic purposes by onsite staff. Water consumed for domestic purposes will utilize water bottles or other containerized water transported to the site or otherwise supplied by the local water district and is, therefore, not included in this water analysis. 4) The analysis should address the issue of evaporative losses consumed from exposed groundwater, including a discussion of the feasibility of lining. The annual evaporation as estimated by the National Weather Service in its "Evaporation Atlas for the Contiguous 48 United States" (Technical Report NWS 33 ) totals 42. 12± inches per year. This is reduced by the effective precipitation as an estimate of the native vegetative credit. According to the Colorado Division of Water Resources, Office of the State Engineer (OSE) guidelines, the effective precipitation is seventy (70) percent of the total precipitation. The total precipitation reported for the Greeley station was 14. 27± inches per year. The effective portion from November Varra Companies, Inc. Weld County USR 105 Varra-Coulson Resource Project March 2014 through March is 2. 31 ± inches per year. The native vegetative credit is 7. 69± inches from April through October. These two deductions from the total evaporation is the net evaporation of 32. 13± inches per year. Evaporation essentially ceases when the exposed groundwater is covered with ice. OSE's guidelines specify that ice cover can be assumed when the average monthly temperature is less than 32CF. According to the Greeley climate records, this occurs during January and December. Therefore, the evaporation was set to zero for these two months. The result was a net evaporation of 30. 26 inches per year. Applying net evaporation to a potentially exposed area of 59. 30± acres, results in an estimated potential net evaporation of 149. 58± acre-feet per year. The reclamation plans are to line the pits. When the lining occurs, the evaporation losses would no longer directly deplete the stream system. Until lining is completed under the authority of the OSE, Varra Companies, Inc. has sufficient water resources to augment for evaporative loss. Groundwater will not be exposed by extraction activities until it has received an approved Substitute Water Supply Plan from the OSE, a copy of which will be made available to the Weld County Department of Planning Services. b. Water Replacement Source: 1 ) A description of the surface and well water rights and its anticipated yield, when converted, to be used as replacement for the water consumed in the MINING operation. Water available for supply are from six sources: seven shares of the Greeley Irrigation Company, Hayseed Ditch as decreed in Case No. 90CW174, four shares of the Rural Ditch Company as decreed in Case No. 03CW306, five shares of Last Chance Ditch Company, 25.0 shares of Godding Ditch Company, and water decreed in Case No. 01CW274. From April through October, water use at the site will be replaced to the stream system using the historical consumptive use credits from the necessary sources and/or from storage. Varra Companies, Inc. Weld County USR 106 Varra-Coulson Resource Project March 2014 2) Projections as to the timing of replacements to the river system from these sources. The replacement to the river system from these sources will be made directly during the historical irrigation season. The non -irrigation season replacements will be made from water stored in lined facilities. The stored water will accrue from excess senior credits available during the irrigation season and from junior appropriations. The decree in 01CW274 allows storage of junior water, and the excess credits from Rural and Last Chance Ditches. Use of the lined facilities known as the Firestone Project (Facility 112), Kurtz Resources Recovery Project (Facility 115), Von Ohlen, and Dakolios were decreed in Case No. 01CW274. Additional information may be found in Part 4 of OMLR Exhibit G: Water Information. 3 ) A description of methods proposed to monitor, prevent and mitigate against direct injury to users for wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts. (Weld County Codification Ordinance 2000 -1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code Ordinance 2003 - 10; Weld County Code Ordinance 2007 - 14) The State Engineer's procedure for permitting the gravel operation well includes notification of well owners located within 600 feet of the proposed gravel operation. These owners can either sign a waiver indicating their approval of the operation or request a hearing before the State Engineer. Based on the waivers or the evidence presented at the hearing, the State Engineer will either approve the permit with appropriate terms and conditions or deny the well permit. The approved permit will contain the requirements that the state deems appropriate to protect against direct Varra Companies, Inc. Weld County USR 107 Varra-Coulson Resource Project March 2014 injury for users of wells in the vicinity of the gravel operation. Those requirements will be made available to Weld County. Sec. 23 - 4 -270. Drawing Requirements. All applications shall be accompanied by the following maps which shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services in the following size : twenty -four (24) inches by thirty-six (36) inches. The maps shall be prepared and certification made as to their accuracy by a registered professional engineer licensed to do such work by the State. A Vicinity Map and Extraction Plan Map (OMLR Exhibit C -2 : Extraction Plan Map), are provided with the submittal in conformance with Section 23 -4 -270, Parts A and B , below. A. Vicinity Map. The vicinity map shall be prepared at a one inch (1 ) equals six hundred (600) feet scale and show the following information within a distance of one-half (f ) mile of the proposed operation. 1 . Perimeter outline of the parcels of land to be involved in the operation. 2. ADJACENT MINING operations. 3. Fee owners of ADJACENT surface lands. 4. All residences within one-half (f ) mile of the proposed operation. 5. The name and location of all roads, bridges, irrigation ditches, oil and gas wells and lines, utility lines and streams or other bodies of water within the scope of the map. 6. The general type, thickness and distribution of soil over the parcel under consideration. Soil types shall be noted in the legend and include their suitability for agricultural USE, as well as USES proposed in the reclamation plan. 7. Section, township and range. 8. Accesses to area. 9. Title, scale and north arrow. 10. Date with revision dates if applicable. B . Extraction Plan Map . The Extraction Plan Map shall be prepared at a one (1 ) inch equals one hundred (100) feet scale and shall include the parcel in question, Varra Companies, Inc. Weld County USR 108 Varra-Coulson Resource Project March 2014 as well as features within five hundred (500) feet of the parcel boundaries. The scale of the map may be reduced to one (1 ) inch equals two hundred (200) feet or one (1 ) inch equals three hundred (300) feet upon approval by the Department of Planning Services. The Extraction Plan Map shall display the following information: 1 . A plot plan of the property for which application is made. The plot plan shall delineate the boundary lines of the Special Review Permit area. 2. The topography of the area at five-foot contour intervals or at intervals as determined by the Board of County Commissioners. 3. The name and location of all streams, including normally dry streams, ponds or other bodies of water, existing and proposed STRUCTURES and LANDSCAPE features. 4. The size and location of proposed pit areas. 5. The phases of the operation. The legend will include the time required for each phase of the operation. 6. The location of all proposed operating STRUCTURES, parking areas, ingress and egress, stockpile areas and circulation routes. The general location of equipment which will be moved as operations proceed, such as portable crushing and screening plants, shall be located on the map. 7. The legend shall include a complete and accurate legal description as prescribed by the application form. The description shall include the total acreage of the parcel. 8. Certificates: certificate of responsibility; Planning Commission certificate; certificate of approval by the Board of County Commissioners. 9. Title, scale and north arrow. 10. Date and revision dates if applicable. 11 . Extraction Standards. 12. Such additional information as may be required by the Board of County Commissioners to satisfactorily explain the general requirements for the type of operation anticipated. (Weld County Codification Ordinance 2000 - 1 ) Acknowledged. Sec. 23 -4 -280. Supporting Documents. Varra Companies, Inc. Weld County USR 109 Varra-Coulson Resource Project March 2014 The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Commissioners for the protection of the health, safety and welfare of the inhabitants of the County. A. The applicant shall submit a copy of those Reclamation Plans submitted to the State of Colorado Mined Land Reclamation Board. The Reclamation Plans must include a map showing property boundaries, topography, bodies of water and access. Acknowledged and provided for under OMLR Exhibit E - Reclamation Plan, and Exhibit F - Reclamation Plan Map; and related exhibits. B . Plans for obtaining water supplies to replace water consumed by mining and processing of the material, including dust control, consumed for domestic purposes by employees, and consumed by evaporative losses from exposed groundwater. Please refer to information provided by Cheryl Signs Engineering under OMLR Exhibit G - Water Information ; Sec. 23 -4 -260 (13 ), and The Water Supply Information Sheet as provided to fulfill Sec. 30 - 28 - 133 (d), C .R. S. C . Cross- sections of drainage STRUCTURES (culverts for access to COUNTY roads, interior haul roads crossing of ponding or stream channeling). The primary access road is shown on OMLR Exhibit C -2 : Extraction Plan Map. All access is existing. Typical cross -sections of access roads are 30 feet wide with an estimated six inch surface of gravel with bladed roadside drainage approximately six inches below the road surface. D . Profile and typical cross -section of haul roads. (Weld County Code Ordinance 2003 - 10) Sec. 23 - Varra Companies, Inc. Weld County USR 110 Varra-Coulson Resource Project March 2014 The primary haul road and area access roads are similar in design, purpose and intent. . Typical cross - sections of all internal roads are 30 feet wide with an estimated six inch surface of gravel with bladed roadside drainage approximately six inches below the road surface. The primary access road is shown on OMLR Exhibit C - 2: Extraction Plan Map. E . An applicant for in -situ solution mining shall submit written evidence of approval for all federal and state regulatory agencies. (Weld County Code Ordinance 2003 - 10: Weld County Code Ordinance 2007 - 14) Not Applicable. 4 -290. Operations Policies. The policies outlined below represent a minimum model for operations standards for the proposed USE. Stricter standards may be imposed by the Board of County Commissioners during the review process to ensure the protection of the health, safety and welfare of the inhabitants of the County. A. No excavation or processing of sand and gravel shall be permitted nearer than ten (10) feet to the boundary of ADJACENT property, easement or irrigation ditch or right -of -way, nor nearer than one hundred twenty -five (125) feet to any existing residence, unless by written agreement the owners of such ADJACENT property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in its opinion, it is justified. Acknowledged and provided for. Please refer to OMLR Exhibit C -2: Extraction Plan Map. B . All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of Varra Companies, Inc. Weld County USR 111 Varra-Coulson Resource Project March 2014 administrative and executive OFFICES or repair facilities located on the property. Consistent with the adjacent Durham Project; an average of 9± employees (6 - 12± at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs that require night time work, which may require up to three shifts over a 24 hour period. Other users include approximately (Range 20 - 250± ) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County' s infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty-four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. C . Weeds and any other unsightly or NOXIOUS WEEDS shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. A complete and thorough weed management plan will be implemented, as detailed in OMLR Exhibit I/J - Soils and Vegetation Information. The plan at a minimum conforms with this policy. D . Existing trees and ground cover along PUBLIC road frontage and drainage ways shall be preserved, maintained and supplemented if necessary, for the depth of the SETBACK in order to protect against and reduce noise, dust and erosion. Existing trees and ground cover along public road frontage and drainage ways will be preserved, maintained, and supplemented where necessary to aid in the stability of perimeter lands and minimize operational impacts. The concurrent establishment of a perimeter berm of soil of varying width up to five (5.0± ) feet Varra Companies, Inc. Weld County USR 112 Varra-Coulson Resource Project March 2014 in height will, at a minimum, flank significant portions of the perimeters of each field of extracted and reclaimed land, thereby adding to the depth of the setback. While the berm width will vary, it will fit within the ten (10.0± ) foot buffer between the permit boundary and any planned extraction, and if wider, will extend into the basin area conforming to 3H: 1V minimum outslopes. E. Insofar as practicable, all means of access to the property from any STREET shall be located and designated as to avoid the routing of vehicles to and from the property over STREETS that primarily serve residential DEVELOPMENT. Acknowledged. The location of the designated primary access road entrance from Fern Avenue will tend to minimize impact to area residences. Fern Avenue as it flanks the east boundary of the project connects the several existing and potential industrial uses and zones between 8th and 16th Streets where heavy haulers commonly utilize as a means to and from those uses and access to and from Colorado Highway 85 to the west, and U.S. Highway 34 to the south. While existing agricultural access are preserved as secondary access for senior personnel and the landowners/users, all visitors and laborers will utilize the primary access. Parking will be commonly limited to the plant and stockpile area identified on OMLR Exhibit C -2: Extraction Plan Map, except where internal operations are necessary to the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Employee parking will be flexible to better accommodate internal operations as necessary respective of the extraction, transport, communication and maintenance of extraction activities and equipment, and for the necessary access by authorized personnel or support services. Visitor parking will be directed to the scale house or otherwise restricted by signage. All Varra Company, Inc. personnel are encouraged to observe area speed limits in established company safety policy. Posted speed limits of 15 mph will be evident along the primary access road, or as otherwise determined in cooperation with U. S. MSHA requirements. Minimum specification of access where they meet Weld County roads, as specified in Part 9, below, will be honored. Varra Companies, Inc. Weld County USR 113 Varra-Coulson Resource Project March 2014 F. All access roads from sand and gravel operations to PUBLIC highways, roads or STREETS, or to adjoining residential STRUCTURES, shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one -fourth (4 ) mile of the PUBLIC highway, road, STREET or adjoining residential STRUCTURE. Internal haul roads will be kept damp through the use of water applied by a water truck during haul operations. A fugitive dust permit will be secured for the operation with the Colorado Department of Health. Extracted material is commonly moist and as extraction advances below original ground, when combined with existing buffers, and other management practices, air borne materials will be fully minimized. Since the prevailing winds are generally from the west, and as the lands are situated below area residences, incidental wind related effects will tend to blow material east and away from the nearest residences along the southern flank of the location. G. Prior to starting excavation in certain specific instances, as first determined by individual investigation by the Board of County Commissioners, where excavations are considered hazardous or otherwise harmful to nearby residents or to their property, the Board of County Commissioners may require the excavations to be fenced or that some other action be taken on the part of an operator in order to minimize the hazardous situation. Chain link fencing to keep out young children, three-strand barb wire to keep out LIVESTOCK, acceleration/deceleration lanes to facilitate the safe/smooth flow of traffic, and water augmentation to compensate for water losses caused by evaporation are examples of actions which may be required by the Board. The property is surrounded by fencing south of the Cache La Poudre River, with steel gates securing all entrances. Repairs will be made as needed to downed fence prior to onset of extraction activities. All repairs will meet or exceed the nature of the existing fence, which varies according to the adjacent landowners. All gates are locked when personnel are absent from the location to better discourage unauthorized access H. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. Varra Companies, Inc. Weld County USR 114 Varra-Coulson Resource Project March 2014 Sufficient and suitable soil will be set in reserve for the reclamation and revegetation of reaffected lands remaining above the anticipated final water level of the extracted basins as detailed in OMLR Exhibit E - Reclamation Plan, Exhibit I/J - Soils and Vegetation Information. I. Rock crushers and similar accessory facilities and equipment, but not including batching (concrete and asphalt) facilities may be allowed. However, the Planning Commission or Board of County Commissioners may set out additional conditions under which these operations may be permitted; and said conditions may vary by location due to abutting land USES. Concrete and asphalt batch plants shall meet the requirements of Section 23 -3 -40. Acknowledged. J. Insurance. The operator shall furnish evidence that he or she is insured to the extent of not less than one hundred thousand dollars ($ 100, 000.00) against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. Please refer to the included copy of a Certificate of Insurance, as provided by Willis of Colorado, listing Varra Companies, Inc. , as the insured. The insured amounts meet or exceed the $ 100,000.00 minimum required by Weld County. K. The USE will not cause injury to vested or conditional water rights. If the USE may result in injury to vested or conditional water rights, the applicant shall present a copy of a well permit to the Department of Planning Services prior to recording the Plat or at a time designated by the Board of County Commissioners, either supported by a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and Varra Companies, Inc. Weld County USR 115 Varra-Coulson Resource Project March 2014 conditional water rights. (Weld County Codification Ordinance 2000 - 1 : Weld County Code Ordinance 2003 - 10) The applicant shall present a copy of the approved substitute supply plan and well permit to the Department of Planning Services prior to recording the Plat or otherwise, prior to exposing groundwater at the location, or as otherwise designated by the Board of County Commissioners. The information provided by the applicant 's water engineer in Sec. 23 -4 -260 ( 13) and The Water Supply Information Sheet as submitted to fulfill Sec. 30- 28 - 133 (d), C .R.S., is consistent with information to be provided to the State Engineer as part of the applicant 's assurance that operations will not result in an injury to vested and conditional water rights. Sec. 23 - 4 -300. Reclamation Policies. A. Reclamation plans shall be reviewed to determine the compatibility of the proposed USE with surrounding land USES. Acknowledged. Please refer to Questionnaire - Parts 2 and 3. B . Following the completion of operations, the land shall be left in a safe condition. Acknowledged. Reclamation provides for slopes of 3H: 1V or flatter for areas above the anticipated final elevation to ten (10± ) feet below that level. All affected lands not otherwise occupied by roads, structures, or continued surface disturbance in support of approved post extraction uses will be stabilized using the OMLR approved seed mixture, as detailed under OMLR Exhibit L - Table L - 1 : Primary/Preferred Re-vegetation Seed Mixture. C . Sufficient drainage shall be provided so as to prevent water pockets or undue erosion. Grading shall be accomplished in such a manner that stormwater leaves the property at the original, natural drainage points. Runoff at any one Varra Companies, Inc. Weld County USR 116 Varra-Coulson Resource Project March 2014 ( 1 ) such point shall not normally be increased over historic flows. Increases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact USES or lands affected by such flows. Acknowledged and supported by a Stormwater Management Plan under an approved Colorado Department of Health stormwater permit, a soil management plan as detailed under OMLR Exhibit E - Reclamation Plan and Exhibit I/J - Soils and Vegetation Information of the OMLR permit. D . All excavated areas shall finally be graded in substantial conformity to the USE of the land proposed in the reclamation plan. Ridges, banks and mounds shall be graded so as to minimize erosion. Trees, shrubs, legumes, grasses or other ground cover shall be replaced in order to avoid erosion insofar as is practicable. Acknowledged and incorporated into the extraction and reclamation planning detailed in the relevant exhibits provided with this submittal. Sec. 23 -4 -310. Cancellation of Permit. The Board of County Commissioners shall have the power to cancel permits for violation of any of these regulations or conditions imposed by the Board. The Board of County Commissioners shall cause to be served written notice upon the permittee at the address contained in the permit setting out a clear and concise statement of the violations, and directing the permittee to correct such violation within thirty (30) days. If the violations have not been corrected, the Board of County Commissioners shall direct the permittee to appear before the Board of County Commissioners, not less than ten ( 10) days nor more than thirty (30) days after the date of service notice. The Board of County Commissioners shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power, upon good cause being shown, to cancel or revoke the permit heretofore issued to the permittee, to require the County or its agents to enter upon the premises and to take the corrective measures required by the Board of County Commissioners ; the cost to be assessed against the permittee and his or her sureties. Varra Companies, Inc. Weld County USR 117 Varra-Coulson Resource Project March 2014 acknowledged Varra Companies, Inc. Weld County USR 118 Varra-Coulson Resource Project March 2014 Questionnaire The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with 'not applicable, ' with an explanation as to why the question is not applicable. The application requirements are outlined in Section 23 - 2 - 260 and Chapter 23, Article IV , Division 4, of the Weld County Code. The application shall contain the following information: 1 . A detailed description of the method of mining operation. The description shall include : a. The types and numbers of structures that will be erected (build) on site including operation and processing equipment to be employed. The operation involves the surface extraction of aggregate. Surface soil is removed from the underlying deposit. Soil in excess of that required for reclamation is considered a resource. Extraction if typically over the shoulder removal of the deposit utilizing (but not limited to) bulldozers, scrapers, front end loaders, and excavators. Extracted materials are typically transported by haul truck or conveyor to a designated plant area for processing. Operations require the flexibility of bringing to the designated plant site location (as shown on OMLR Exhibit C -2 : Extraction Plan Map) portable and temporary equipment, including a scale, scalehouse, wet processing plant, dry processing plant, portable concrete and/or asphalt plants ; and/or recycling operations and related processing equipment. All equipment and plants are temporary and portable. Any permanent structures to be constructed on site and requiring and will apply for and obtain all required building permits through the Weld County Building Department prior to construction of regulated facilities. b. The number of shifts to be worked and the maximum number of employees. Varra Companies, Inc. Weld County USR 119 Varra-Coulson Resource Project March 2014 Consistent with the adjacent Durham Project; an average of 9± employees (6 - 12± at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs that require night time work, which may require up to three shifts over a 24 hour period. Other users include approximately (Range 20 - 250± ) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty - four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. c. Whether the operation will involve a wet or dry pit . The operator requires discharge of groundwater to gain access to the necessary product in the most economically viable means possible. The pit will be maintained dry until such a time as extraction and basin slope reclamation and resoiling are completed for each Field of the project. Extraction activities will remove aggregate to a mean depth of 40. 00 feet from the surface. Anomalous depths from 23. 00 to 50.00 feet or greater may occur. Since anomalous depths greater than 400 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. d. County roads and bridges to be utilized, along with site entrance/exit points. (Coordinate with County Engineer). The location of the designated primary access road entrance from Fern Avenue will tend to minimize impact to area residences. Fern Avenue as it flanks the east boundary of the project connects the several existing and potential industrial uses and zones between 8th and 16th Streets where Varra Companies, Inc. Weld County USR 120 Varra-Coulson Resource Project March 2014 heavy haulers commonly utilize as a means to and from those uses and access to and from Colorado Highway 85 to the west, and U.S. Highway 34 to the south. Fern Avenue Bridge is north of the planned primary access road. Additional information is found on the included Weld County Public Works Dept. Access Permit Application Form. e. The size of the area and stages to be worked at any one time. Please refer to Parts 6, 7, and 8, below. The Fields and areas to be worked are further identified in the OMLR Exhibit D - Extraction Plan and Exhibit C -2: Extraction Map. While all Fields can be worked simultaneously, the rate, direction, and order of extraction will be determined by the strategies outlined in the extraction and reclamation plan exhibits, and by prevailing market conditions. f. A time table giving the periods of time and number of phases to be worked, which will be required for the various phases of the operation. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C -2: Extraction Map. Within the permit boundary, there are four identifiable areas, the description of which will help to explain the nature of planned extraction and reclamation. Those identifiable areas are as follows: 52. 70❑ Acres Extraction - Middle Field. 11 . 61❑ Acres Extraction - South Field. 64. 31❑ Sub -total 1 . 57❑ Acres Extraction - Canal # 3 - to be relocated - transitional. 65. 88❑ Sub -total 1 . 98❑ Acres Reconstructed segment of Canal #3 (includes 0. 18 acres within the Poudre River 100 foot set -back area). 67. 86O Sub -total 10. 75❑ Acres Mineral Reserve - . orth Field -undetermined ❑ years. 78. 61❑ Sub -total 22.02❑ Acres Affected Lands beyond planned extraction limits. 100. 63❑ TOTAL. Van-a Companies, Inc. Weld County US 121 Van-a-Coulson Resource Project March 2014 Essentially, South Field, a segment of the Greeley Irrigation Canal #3, and Middle Field will be extracted as one tract. Extraction will commence near the northeast corner of South Field and expand radially in any unobstructed direction from that point. The timetable for extraction, commencing approximately fall to winter 2013 - 14 ; is estimated to take 25❑ years for the entire tract combined followed by an additional five years to complete reclamation; or a total estimated life of the mine of 30❑ years; ending approximately winter 2043 -44, depending upon market demand. Approved reclamation for all open areas of extraction and disturbed land will be secured by an appropriate financial warranty as determined by the OMLR, and adjusted to cover circumstances as they occur over the life of the operation. Simultaneous extraction will tend to accelerate the overall completion of extraction activities and final reclamation of the location, to the extent that it occurs. g. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. Please refer to OMLR Exhibit D - Extraction Plan and Exhibit C -2: Extraction Map. Extraction activities will remove aggregate to a mean depth of 40.0❑ feet from the surface. Anomalous depths from 23.0❑ to 50. 0❑ feet or greater may occur. h. The proposed use of reclaimed lands and an explanation of the reclamation process. Reclamation is concurrent with continuous resource recovery operations. Extraction activities will remove aggregate to a mean depth of 40.0i I feet from the surface. Anomalous depths from 23. 0❑ to 50.0❑ feet may occur. While extracted slopes may be temporarily 1 . 25H: 1V , all final basin (reservoir) slopes will be established concurrently with extraction and will conform to OMLR Rule 3. 1 . 5 (7), or flatter. Varra Companies, Inc. Weld County USR 122 Varra-Coulson Resource Project March 2014 The general direction of extraction activities over the diverse Fields is shown on OMLR Exhibit C -2 - Extraction Map. Extraction will not occur within 125❑ feet of any residential structure. Extraction will occur to within 10.0❑ feet of the permit boundary, easements, right -of -ways, and non -residential structures ; except that extraction activities will be limited to within 25.0❑ feet of well heads and facilities. Those same wellheads will be backfilled to create a 100 foot radius around the well head for future oil and gas activities at that well head. Fill will be placed concurrently with extraction around the well head and related facilities, to the extent practical. At all times, safety will take precedent. Because the permit area may be fully affected, phasing does not adequately describe the extraction and reclamation potential of the permit area. Fields are used, since each Field can be accessed concurrently with the other, and per OMLR 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, including concurrent reclamation ongoing within each field, will be utilized, based upon market conditions and the capacities of the operator. As indicated in OMLR Exhibit E - Reclamation Plan: As extraction progresses over planned areas in South Field and Middle Field ; the resulting 1 . 25H: 1V slopes created during extraction will be concurrently modified by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with OLMR Rule 3. 1 . 5(7). Lands above the anticipated static water level of the basins and within 10.0± feet below the anticipated final water level of the basins will be graded to 3H: 1V , or flatter. Lands below 10.0± feet from the anticipated final water level of the basins may approach 2H: 1V . Naturally occurring slopes may exceed 2H: 1V where not otherwise affected by extraction activities and will not be altered as part of reclamation unless necessary to facilitate the reclamation of affected lands. A Backfill Notice is included with this application as an Addendum at the back of OMLR Exhibit E - Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end -use potentials beyond reservoir storage, which may include residential, commercial or industrial structures or uses otherwise approved, now or in the future, by Weld County, Colorado. The extent and nature of the reservoir represents the Varra Companies, Inc. Weld County USR 123 Varra-Coulson Resource Project March 2014 maximum build -out respective of optimal extraction of commercial product and resulting final slopes. All affected lands above the anticipated high water mark of the reservoirs will be capped with a minimum of six (6.0❑) inches of soil, as supported by OMLR Exhibit I & J - Soils and Vegetation Information. Timing and use of soil is detailed further under OMLR Exhibit I & J - Soils and Vegetation Information and Exhibit L - Reclamation Costs. Where compacted lands 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 one reservoir basins totaling 59. 30❑ surface acres (refer to OMLR Exhibit F: Reclamation Map). The balance of unoccupied affected lands above the anticipated final water level will be stabilized where necessary utilizing the approved OMLR seed mixture, as detailed under OMLR Exhibit E - Table E -1 : Primary Re-vegetation Seed Mixture. Lands not otherwise occupied will be later developed to the highest possible end -use, and will likely comprise a mixed use which may include other agricultural uses as well as light residential, commercial or industrial uses. All reaffected lands remaining above the anticipated final water level of the ponds, and not otherwise occupied by existing or planned mixed uses, will be re-vegetated with the approved seed mixture(s) for general agriculture. To aid in the establishment and survival of the preferred species, a wheatxwheatgrass sterile hybrid will be combined with either applied mixture as a substitute for the use of mulch. The former rangelands and irrigated croplands were likely comprised predominantly of introduced species, and by neglect deteriorated to a near monoculture of kochia (Kochia scoparia), over some areas, especially the former croplands. Since the blighted land is being replaced with predominantly native grasses, the target for release over the revegetated lands is based upon the establishment of a stabilizing cover whose foliar umbrella equals or exceeds 25 percent of the total area of the ground as measured three inches above the native soil on a square meter basis for typical areas of reclaimed cover achieved within five years subsequent to the completion of all extraction activities. Varra Companies, Inc. Weld County USR 124 Varra-Coulson Resource Project March 2014 Since the area of surrounding lands is a mix of these uses, the site end use will retain these potentials. Mixed use(s), other than Developed Water Resources will occur and may include, but are not limited to: the retention of existing structures as desired for continued agricultural, residential, industrial, commercial, or other mixed use (as validated by any co -related and required Weld County Building Permits ); the creation of unforeseen future structures, and for the use and development of on-site water resources. While the on -set of reclamation is concurrent with extraction, the completion of reclamation may lag up to five (5. 0❑) years behind the onset of reclamation activities. The rate of reclamation activity, including grading, soiling and revegetation will follow concurrently with extraction and the respective timetables identified for extraction under OMLR Exhibit D - Mining Plan. All timetables are contingent upon market conditions; therefore, a probable range of time is indicated. With extraction activities anticipated to take up to 25 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to 30❑ years, or the year 2043 -44, depending upon market dem and. i. The source of technical advice in that type of reclamation for open cut mining land. Varra Companies, Inc. (Christopher L. Varra, President) in cooperation with: Garrett C . Varra, Vice President of Operations (Varra Companies, Inc.) Brad Jones, Civil Engineer (Varra Companies, Inc. ) Joby Adams, Hydrogeologist (AWES, LLC .) ; Cheryl Signs, Water Engineer (Cheryl Signs Engineering); Douglas J. Trieste, P. H. , Flow Technologies, LLC ; Curtis Hoos, PLS (American West Land Surveyors); and, Bradford Janes, Professional Forester (Varra Companies, Inc. ) 2. A statement which explains how the proposal is consistent with the Weld County Comprehensive Plan . Van-a Companies, Inc. Weld County US 125 Van-a-Coulson Resource Project March 2014 The project conforms with Section 22 -5 -80 of Weld County' s Comprehensive Plan: Commercial and Mineral Resource Deposits Goals and Policies. Expansion of human habitat and related pressures on area infrastructure is already evident near this location. The extraction of aggregate resource is in fact resource conservation, and tends to lessen the future density of subsequent urban development resulting from the inevitable expansion of human habitat, supporting uses, facilities and infrastructure. It is in fact this existing and ever expanding urbanization of agricultural land that constitutes the greatest demand for this nonrenewable resource. Section 22 -5 -80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this proposal and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of Weld County. Approval of the application will allow the resource to be accessed and utilized in a reasonable and orderly manner as required under both Colorado law and the Weld County Code of Regulations. The proposal complements the surrounding Industrial and Agricultural Districts. Resource recovery simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the formerly blighted landscape will be replaced with water resources. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use, that leaves the final land in a configuration that prevents high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding agricultural lands and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings along with incompatible landscapes and fence- works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. The reclamation of extracted lands in fact often incorporate or introduce concepts often lacking in other developmental impacts. The more open design elements include the creation of edge effect resulting from the reintroduction of a more native landscape with Varra Companies, Inc. Weld County USR 126 Varra-Coulson Resource Project March 2014 enhanced aquatic margins that better complement and aid wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better complement and lend themselves to the visual enjoyment of the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. The Future Compatibility : The resulting reservoirs foreseen under the reclamation plan will result in lower density development toward the Cache La Poudre River watershed. Agricultural conversion to other extraction and mixed industrial, commercial and residential uses are already evident as shown on the Vicinity Map. The water from the reservoirs can be made available for either urban or agricultural uses, but the basins alone are essential to providing a means to store and manage available waters. Any subsequent lower density development which may follow will still require necessary approvals from Weld County Building Department prior to the construction of any permanent structures, and from Weld County Planning, prior to the utilization of the parcels for any subsequent light residential, commercial or industrial uses beyond those already indicated under this submittal, and specifically indicated on OMLR Exhibit C - 2: Extraction Plan Map. 3. A statement which explains how the proposal is consistent with the intent of the district in which the use is located. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The application requests approval of an allowed use for the extraction of a valuable mineral deposit located within the identified existing A -Agriculture and Industrial I -3 lands to allow for the conservation of the underlying aggregate deposit. Reclamation will result in water storage basins over the majority of the location. Resource recovery simply cannot occur over lands developed with houses and other structures. By this submittal, the owner proposes to reclaim formerly blighted and neglected lands through extracting the underlying aggregate and reclaiming the resulting basins for water storage (Developed Water Resources). All previously affected lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and Varra Companies, Inc. Weld County USR 127 Varra-Coulson Resource Project March 2014 stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principal and surrounding land owners. 4. If applicable, a statement which explains what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. Some of the identified soils are Prime Irrigated Soils as designated on the U.S.D.A. Map titled, Important Farmlands of Weld County. Since extraction will result in basins and reclaimed to water storage reservoirs, the marginal soils overlying the aggregate resource will be salvaged and set aside for reclamation to the extent necessary and prescribed under the approved OMLR permit. Excess soil will be made commercially available. Replacement of the entire soil is not practical since resource recovery is dictated by the underlying deposit and the resulting basin area will generate more soil than is needed for the reaffected land remaining above the anticipated static water level of the basins and otherwise requiring revegetation. When considering that the project location will be reclaimed to higher end uses while making available the resource for raw construction materials, the loss of some soil is unavoidable for the sake of the greater infrastructure needs of the community. All soil will find a productive use, either in the reclamation of affected lands not otherwise occupied by on - site access or other uses, or by the ever increasing urban communities, or local agricultural base. For a more comprehensive treatment of how the project meets the other goals and policies of the Comprehensive Plan and surrounding uses, please refer to Sec. 23 -2 - 260, below. 5. A statement which explains there is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Varra Companies, Inc. Weld County USR 128 Varra-Coulson Resource Project March 2014 The location as it is extracted will by its nature diminish any potential for fire or flood to surrounding lands. The localized access surrounding the basins, and the extraction itself resulting in basins below original ground will serve to cause direct precipitation to drain internally or otherwise serve to route or divert external overland flows to existing waterways, and in general serve as a firebreak to surrounding lands. The nature of the extraction is intended to work the perimeters of the limits of extraction inward and away from area roadways and residences. By getting behind hillsides or below ground level, sounds from operations will be muted by the resulting topography. Internal access to operations are situated as far away as possible from nearby homes. Access into and out of the permit area optimizes visibility to fellow travelers, while distancing itself as far away as possible from residential homes. Dust is minimized from leaving the project area by the extraction of moist materials in a project area managed under the authority of a Colorado Department of Health Fugitive Dust Permit. Waters are managed and protected under authority of the Colorado Department of Health stormwater and discharge permit requirements and Colorado Division of Water Resources. Health and Safety on site personnel and visitors are managed under authority of the federal MSHA program. All planned extraction, reclamation, phasing, timelines, life of the mine and warranty considerations are regulated under the State of Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR). Reclamation of affected lands follows closely behind extraction activities, as provided for under the Colorado Office of Mined Land Reclamation [OMLR ] permit, and described in detail under OMLR Exhibit E - Reclamation Plan and Exhibit F - Reclamation Map, of that permit. Visual impacts during and subsequent to extraction and reclamation activities are eased by the location below and away from area residences and surrounded by existing or planned Industrial uses and activities. 6. A statement describing the existing surrounding land uses and explaining how the proposal will be compatible. The genesis of the location is associated with the rise of sugar beet agriculture. Varra Companies, Inc. Weld County USR 129 Varra-Coulson Resource Project March 2014 Sugar beets were first grown in Colorado in 1869, one year before members of a joint -stock colonization company called the Union Colony of Colorado founded the City of Greeley. By 1879, the state's agricultural college (later, Colorado State University) confirmed the compatibility of the area soils for sugar beet production. As Colorado 's mining industry declined in the 1880's, farming in Weld County flourished. Beet processing began in Grand Junction in 1899. Great Western Sugar Company was founded in 1903 and built two plants, one in Loveland and one in Greeley. The company was incorporated in 1905 and by 1906 beet sugar factories had been constructed in Rocky Ford, Loveland, Greeley, Eaton, Fort Collins, Longmont, Windsor, Sterling, Fort Morgan and Brush. By 2007, the former sugar mill and its lands were reported as blighted in the Greeley Tribune. The lands of the old sugar mill were acquired from the Cooperative and replaced by Leprino Foods, and a cheese factory now stands where the old mill stood, after it was demolished in 2008 -2009. Aerial images since the early 1950' s show the Varra-Coulson fields were row cropped on both sides of the existing Greeley Irrigation Canal #3, until the segment of the Cache la Poudre River to the north was channelized, estimated somewhere in the late 1960' s to early 1970's. While more recent crops were in corn, it' s likely at some point the land grew sugar beets to support the local mill. Areas north of Canal #3 changed to rangeland, consistent with the parcel north of the river. By the middle of the first decade of the twenty -first century, both rangeland and cropland fell into disuse, and the idle lands became covered in weeds, mostly Koshia. By this submittal, the owner proposes to reclaim the blighted and neglected crop and rangelands that presently comprise the Varra-Coulson parcel through extracting the underlying aggregate and reclaiming the resulting basins for water storage and uses related to developed water resources. All formerly blighted lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it . Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County Varra Companies, Inc. Weld County USR 130 Varra-Coulson Resource Project March 2014 zoning designation of the I -3 Industrial District for the lands designated for mineral reserve north of the Cache la Poudre River, and A-Agriculture, which applies to the entire lands considered for active extraction south of the Cache la Poudre River under this application. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. The location is flanked on the east and south by properties in the A-Agriculture Zone. Residential homes line 16th Street within the A -Agriculture Zone, with some neighborhoods identified in a mix of R - 1 and R -3 zoning, while continuing past a cemetery and into the mixed commercial/industrial section further to the east, otherwise north of the Cache la Poudre River, within the area general, and along Highway 85 nearly two miles to the west of the location. Industrial I -3 lands lie to the north and east of the permit boundary, and along 8th Avenue. By this submittal, the owner proposes to reclaim the blighted and neglected crop and rangelands that presently comprise the Varra-Coulson parcel through extracting the underlying aggregate and reclaiming the resulting basins for water storage and uses related to developed water resources. All formerly blighted lands reaffected by planned activities and remaining above the anticipated static water level of the resulting reservoirs will be returned to a beneficial and stabilizing cover of predominantly native vegetation; except where existing access roads, structures or other reasonable obstacles prevent it. Under Title 34, the State of Colorado and Weld County require the removal of a valuable mineral deposit from those lands prior to development. The act of resource recovery and resulting end use is allowable under the Weld County zoning designation of the I -3 Industrial District for the lands designated for mineral reserve north of the Cache la Poudre River, and A-Agriculture, which applies to the entire lands considered for active extraction south of the Cache la Poudre River under this application. The extraction is necessary to attain both the resource and end use objectives. Both extraction and the resulting basins are fully compatible with the surrounding lands. The planned activities over the formerly blighted lands will Varra Companies, Inc. Weld County USR 131 Varra-Coulson Resource Project March 2014 return them to a beneficial use, resulting in improved visual and fiscal enhancement to both the principle and surrounding land owners. While some homes front the southern extraction limits, those limits are kept no closer than 125 feet from residential structures. Since extraction will approach 16th street from the near bottom of the pit, the fronting wall will serve to minimize noise from extraction equipment. Further, any noise emanating from an 80 decibel plant source (e. g. , a cone crusher) would be background residential level or 55 decibels by the time it reaches 400 feet from the source. This buffer will be maintained between such equipment and neighboring homes. . Potential impacts from noise will be further diminished by placement of soil and resource stockpiles within the plant site location. Each existing residence along 16th Street within the designated A -Agriculture zone is commonly surrounded by nearby trees and open space separating their residence from operations. This separation will be augmented by a six foot high chain link fence. The fence will replace the existing line of barbwire fence along 16th Street. The fenceline will be visually enhanced with a combination of 100 trees and shrubs. Trees and shrubs will include evergreen and deciduous species planted no closer than 20 feet apart from each individual planting, or clusters of three ; placed either side of the fenceline. One year old seedling or 1 inch caliper container stock will be utilized. No extraction is presently contemplated for the mineral reserve area north of the Cache la Poudre River. This area is surrounded by I -3 Industrial lands to the north and east, the river to the south, and existing extraction activity to the immediate west which will also be transformed into developed water resources and managed reservoirs similar to those lands south of the river within the permit boundary. There are no known impacts to surrounding uses in their own right to these lands north of the river, and those surrounding lands will not be affected by any future extraction activities if revised to active plans of extraction with the Colorado Office of Mined Land Reclamation. Should active extraction occur there, any residences opposite the boundary of that activity would receive the same benefit of a visual screen as that afforded to those residences lining the south side of 16th Street, as detailed above. Industrial I -3 lands lie to the north and east of the permit boundary, and along 8th Avenue. These lands are either vacant, or bounded by land disturbances such as settling basins, waste piles, industrial yard and warehouse buildings and support facilities or equipments. Other existing mining operations flank the Varra Companies, Inc. Weld County USR 132 Varra-Coulson Resource Project March 2014 permit boundary to the west. Planned activities within the permit boundary will not interfere with any of the surrounding Industrial lands or their current activities. Agricultural stock ponds, land leveling, use of equipment to manipulate land for crops, and other agricultural based activities are not uncommon in agricultural locations. As shown on the included Colorado Division of Reclamation Mining and Safety (CDRMS), Office of Mined Land Reclamation (OMLR) Exhibit C -2: Extraction Plan Map, the greater concentration of plant and processing activity, parking, machinery and equipment storage and stockpiling of materials is located in a manner that is removed from area residences and muted by area trees, open space and hillsides in the form of the flood plain escarpment. The location is approached internally and away from high density residential areas and roads. Unlike other urban uses that intrude upon the agricultural districts, extraction is a transitional use that leaves the final land in a configuration that prevents future high density urban development, common to residential subdivision for example. The resulting basins create visual and functional amenities that harmonize the scale, function, and vistas of surrounding lands, uses, and habitats. While residential development fragments wildlife habitat with increasingly larger building footprints for dwellings, along with incompatible landscapes and fence- works; the results following extraction typically do not result in such permanent diminished landscapes, habitats or densities. Many active operations serve to increase wildlife diversity and use that is otherwise crowded out by urban development, hence providing critical corridors, habitat, and protection for diverse wildlife species that would otherwise be lost. Often, the post mine landscape offers an obvious enhancement that might not otherwise be realized, especially over blighted or neglected lands such as these. The reclamation of extracted lands in fact often incorporates or introduces concepts commonly lacking in urban development. The more open design elements include the creation of edge effect resulting from the reintroduction of a more diverse and native landscape, often incorporating enhanced aquatic margins that better complement wildlife and scenic values. Overall, final reclamation of the extracted lands create features that better lend themselves to the visual enjoyment by the surrounding community. The Vicinity Map shows those properties currently under permitted extraction, or otherwise owned or leased by companies that will eventually open those lands to extraction. Varra Companies, Inc. Weld County USR 133 Varra-Coulson Resource Project March 2014 The proposal complements the Agricultural A District, and nearby residences, while providing at the time of reclamation a permanent buffer between them and the more conflicting I -3 Industrial lands to the north. While the existing, yet blighted, agricultural lands will change into managed reservoirs, that change is essential since resource recovery and the benefits to segments of our society simply cannot occur over lands developed with houses and other structures. Where extraction occurs, the former agricultural-industrial land base will be replaced in part with water resources ; a vital element of continued agricultural practices on surrounding lands, and for the ever increasing urban population and uses expanding into the Agricultural A District of Weld County. 7. A statement describing the existing land use. The parcel is zoned I -3 - Industrial, undeveloped, north of the Cache la Poudre River; and A -Agriculture south of the Cache la Poudre River. The agricultural lands are presently overgrazed and blighted. Existing oil and gas activities continue. The location is flanked on the east and south by properties in the A-Agriculture Zone. Residential homes line 16th Street within the A -Agriculture Zone, with some neighborhoods identified in a mix of R - 1 and R-3 zoning, while continuing past a cemetery and into the mixed commercial/industrial section further to the east, otherwise north of the Cache la Poudre River, within the area general, and along Highway 85 nearly two miles to the west of the location. Industrial I -3 lands lie to the north and east of the permit boundary, and along 8th Avenue. 8. Describe, in detail, the following: a. How many people (employees, visitors, buyers, etc. ) will use this site? Consistent with the adjacent Durham Project; an average of 9± employees (6 -12± at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs that require night time work, which may require up to three shifts over a 24 hour period. Other users include approximately (Range 20 - 250± ) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will Varra Companies, Inc. Weld County USR 134 Varra-Coulson Resource Project March 2014 occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty- four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. b. What are the hours of operation? The operations provide for a twenty-four (24) hour, seven (7) day per week readiness, with the principal hours of operation occurring between 5:00 AM through 8 :00 PM Monday through Saturday. Support and employee activities and maintenance may occur sooner or later than those nominal hours outlined. Government contracts may require shifts and activities that are essentially non -stop for indefinite periods of time and seasons, depending upon the nature of work specified in those contracts, or by other operations obligations, which constitutes the greater need for operational flexibility respective of days and hours of operation. c. What type and how many animals, if any, will be on this site? No animal concentration applies to this operation, however, historic uses for cattle, horses, or other livestock, are not intended to be surrendered by this transitional use. d. What kind (type, size, weight) of vehicles will access this site and how often? Van-a Companies, Inc. Weld County US 135 Van-a-Coulson Resource Project March 2014 Trucks may vary from pick -up size to small trailers for the general public, to 15 ton tandem or 25 ton semi commercial haulers with an anticipated average production departing the site of up to 5,000 tons per day and commonly 20 to 250 truck trips per day. Generally, vehicle weights will fall within 85,000± pounds or less. Routes into and away from the property will access Fern Avenue, running north and south to 8th Street and 16th Street, respectively. e. Who will provide fire protection to the site? The operator, in cooperation with Union Colony Fire Protection District, will provide fire protection to the site. All employees are trained under federal MSHA regulations respective of fire, hazardous materials and matters of health, safety and emergency first aid. f. What is the water source on the property? (Commercial well or water district ). Varra Companies, Inc. has rights to its own water that it will utilize for all project needs. Bottled water for drinking and sanitation will be available for employees and visitors. g. What is the sewage disposal system on the property? (Existing and proposed). While there are not existing sanitary facilities for the planned activities, prior to on -set of operations, the operator will provide two (2) commercially available port -o -lets near the entrance, accessible to both employees and visitors. First aid facilities will be available for emergency washing of body and eyes where required by MSHA safety regulations. h. If storage or warehousing is proposed, what type of items will be stored? Varra Companies, Inc. Weld County USR 136 Varra-Coulson Resource Project March 2014 As a precaution in the event of fuel from portable fueling trucks spills during refueling, absorbents will be stored on -site; as well as any necessary lubricants for heavy equipment, vehicles and machinery. All absorbents and lubricants will be secured in a locked waterproof container until used. i. Explain where storage and/or stockpile of wastes will occur on this site. No storage and/or stockpiling of wastes are anticipated for this location, except for the possible import and use of inert material for fill to enhance post project end use development. Where debris or other unwanted material accumulates, for the purposes of sanitation, safety, and general courtesy to our neighbors, all unwanted materials will be removed within thirty (30) days of deposition to a permitted land fill or other suitable location. Recyclable materials will be transported to permitted recycling plants or processed on -site to the extent recycling activities are approved under this application. All waste will be centralized and utilize an appropriate container, pallets, or be of a nature where it is stable in its present configuration or nature. j . Explain the proposed landscaping/screening for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Planning for extraction commonly incorporates existing or created vegetated buffers to complement adjacent lands and uses. Existing trees and ground cover along public road frontage and drainage ways will be preserved, maintained, and supplemented where necessary to aid in the stability of perimeter lands and minimize operational impacts. The very nature of reclamation of these lands results in open spaces, diverse but less dense end uses, and complementary transitional vegetation that does not obstruct or conflict, but in fact complements, the surrounding lands and area wildlife. Varra Companies, Inc. Weld County USR 137 Varra-Coulson Resource Project March 2014 Consistent with OMLR Exhibit E - Reclamation Plan, revegetation will occur over all reaffected lands remaining above the anticipated static water level of extracted basins; or where not otherwise occupied by permanent roadways, structures or other uses; and will involve the application of the OMLR approved seed mixture detailed under OMLR Exhibit L - Table L- 1 : Primary/Preferred Re-vegetation Seed Mixture. The seed mixture will result in a stabilizing cover of predominantly native grasses over the affected lands. The emergent species of grasses vary in height, form, function, and color, and are highly adaptable to the new soils. Each existing residence along 16th Street within the designated A - Agriculture zone is commonly surrounded by nearby trees and open space separating their residence from operations. This separation will be augmented by a six foot high chain link fence. The fence will replace the existing line of barbwire fence along 16th Street. The fenceline will be visually enhanced with a combination of 100 trees and shrubs. Trees and shrubs will include evergreen and deciduous species planted no closer than 20 feet apart from each individual planting, or clusters of three ; placed either side of the fenceline. One year old seedling or 1 inch caliper container stock will be utilized. No extraction is presently contemplated for the mineral reserve area north of the Cache la Poudre River. This area is surrounded by 1 -3 Industrial lands to the north and east, the river to the south, and existing extraction activity to the immediate west which will also be transformed into developed water resources and managed reservoirs similar to those lands south of the river within the permit boundary. There are no known impacts to surrounding uses in their own right to these lands north of the river, and those surrounding lands will not be affected by any future extraction activities if revised to active plans of extraction with the Colorado Office of Mined Land Reclamation. Should active extraction occur there, any residences opposite the boundary of that activity would receive the same benefit of a visual screen as that afforded to those residences lining the south side of 16th Street, as detailed above. Industrial I -3 lands lie to the north and east of the permit boundary, and along 8th Avenue. These lands are either vacant, or bounded by land disturbances such as settling basins, waste piles, industrial yard and warehouse buildings and support facilities or equipments. Other existing mining operations flank the permit boundary to the west. Planned Varra Companies, Inc. Weld County USR 138 Varra-Coulson Resource Project March 2014 activities within the permit boundary will not interfere with any of the surrounding Industrial lands or their current activities. Any 80± decibels (db ) source from planned processing or plant facilities will be located 400.0± feet or greater from any existing residential structure not owned or controlled by the applicant, minimizing the effects of facility noise on area residents. At 400± feet or greater from a known source of 80± decibels (db ), measured noise levels are at background residential, or 55± db. k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin . Timetable 23 -2 - 260. C12. Extraction will occur over approximately twenty -five (25) years, with concurrent reclamation following close behind extraction within each field of land affected by operations. Completion of reclamation over all affected land will take up to an additional five (5) years following termination of extraction activities, for a total anticipated project life of thirty (30) years ; concluding sometime in the winter of 2043 -44, depending upon market demand. Additional information is detailed in OMLR Exhibit C -2 : Extraction Map ; Exhibit D - Extraction Plan ; Exhibit E - Reclamation Plan; and Exhibit F - Reclamation Map. 1. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Reclamation for release by the Colorado Office of Mined Land Reclamation [OMLR] will signal the conclusion of the Use by Special Review activity, as specified in OMLR Exhibit E - Reclamation Plan and Exhibit F - Reclamation Map. Subsequent to termination, the project locations will revert to the discretion of the landowner for continued multiple use development for developed water resources, residential, commercial, and industrial uses, including or beyond those otherwise provided for in the application. Van-a Companies, Inc. Weld County US 139 Van-a-Coulson Resource Project March 2014 m . Explain how the storm water drainage will be handled on the site. Since the project will result in the creation of basins, most water from direct precipitation will drain internally into the pits. Where outslopes from soil berms or road construction occurs, outslopes will be grassed to limit detachment and transportation of soil, thereby limiting and suspended solids from leaving the parcel, and generally diverting overland flows around affected lands and into existing drainageways. Existing drainageways lying outside the basins will not be altered, and the entire site will be managed under an approved Colorado Department of Health storm water er permit. n. Method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. Debris, junk and waste are not anticipated as part of project needs or activities. As stated above, where debris or other unwanted material accumulates, for the purposes of sanitation, safety, and general courtesy to our neighbors, all unwanted materials will be removed within thirty (30) days of deposition to an appropriate landfill or other suitable location. Recyclable materials will be transported to permitted recycling plants or processed on - site to the extent recycling activities are approved under this application. All waste will be centralized and utilize an appropriate container, pallets, or be of a nature where it is stable in its present configuration or nature. o. A statement delineating the need for the proposed use. Earth products are in need directly proportionate to the growth of surrounding communities, who require these products to maintain road and highway infrastructure for local, county, state and federal work ; as well as for subdivision development, oil and gas exploration, development and activities related to on -going facilities, and for area commercial and industrial development. In short, imagine Interstate 25 as a dirt road. Varra Companies, Inc. Weld County USR 140 Varra-Coulson Resource Project March 2014 P. A statement which explains the Use by Special Review area is not located in a flood plain, geologic hazard and Weld County Airport, overlay district area; or that the application complies with Chapter 23, Article V , Overlay District Regulations as outlined in the Weld County Code. The location is outside of any known geologic hazard. The location is within the Weld County Airport `Influence Zone, ' however, according to the Airport Authority, the planned activity does not pose a concern. The project does lie within the floodplain and a portion of the defined floodway of the Cache La Poudre River. Operational effects should not adversely impact any of the designated overlays, floodway or floodplain. Varra Companies, Inc. Weld County USR 141 Varra-Coulson Resource Project March 2014 \o c oe, � ?iA Weld County Public Works Dept. s I 1111 VI Street ACCESS PERMIT -fl N W c P.O. Box 758 G .- woe Q�' Greeley, CO 80632 APPLICATION FORM % ft NIA Phone: (970)304 -6496 fax: (970)304-6497 Applicant Property Owner (lf different I han Applicant ) Name Garrett Varra NameCompany _Yana Companies , Inc . Address Address .II:L2_0_Sage Street City Mate /ip _ — City_ F rede.r is k State CO Zip 80516 Phone Business Phone __(_30 3 ) 666 - 6657 Fax _-� _ Fax_ ( 303 ) 666 - 6743 E-mail E-mail —_gvarra zarrac.Qmp.aniea.nom_ A = Existing Access A= Proposed Access Parcel Location & Sketch The access is on WCR Fpr _Ave . Nearest Intersection: WCR 16th St& WCR Fern Ave . 'wit 8th St . Distance from Intersection 560 + feet Parcel Number 096110100006 River i ' ', 1 > Ciri Ar Section/Township/Range Sec . 10 , T 5 , R6 5W 1' '�' . ` I . ' Li 1 v Is there an existing access to the property? YES NO N �� Number of Existing Accesses Four ( 4 ) .� - V. ; m as to ' h w Road Surface Type & Construction Information tiegiA n 1=I Asphalt ___ Gravel Treated Other WCu 16th St . Culvert Size & Type Materials used to construct Access Construction Start Date Finish Date Proposed Use I I Temporary (Tracking Pad Required)/ $75 I I Single Resident ial/$75 I I Industrial/$150 I 1 Small Commercial or Oil & Gas/$75 n Large Commercial/$150 I i Subdivision/$ 150 I I Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? I I No r1 USR [I RE H I PtJD ii Other__ _ Required Attached Documents - Iraffic Control Plan -Certificate of Insurance - Access Pictures (From the I eft, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have Ierrive.d all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pales; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state law'• regarding facilities construction. Signature a'fjeLk.— Printed Name ACan'L*. Vart` Date na l l ti Approval or Denial will be issued in minimum of 5 days. Approved by __ _ — _ Iti'vtwtl Dale e./1',/ In Varra-Coulson Resource Project - Weld County Access Permit - March 2014 - Access Pictures of 4 March 2014 / -t .-! , f. / a _ _ X' lilt - ,,:" -404. - . : 'y - ,. ;; I _ / +:. s,ry Looking East along 16th Street to the Intersection of Fern Avenue. Point of Access • 4 , t I, . Y q i ,.. I ..4._ __74.00 I 1 r j r r• Looking North from 16th & Fern to the point of access. IRPII "NM • II 411,k IS iil t Looking West at the Point of Access into the Varra-Coulson project area from Fern Avenue. Page 1 Varra-Coulson Resource Project - Weld County Access Permit - March 2014 - Access Pictures of 4 March 2014 4 • Looking North from the Point of Access along Fern Avenue. -:- +..- - i Looking South from the Point of Access along Fern Avenue to the Intersection with 16th Street (background) . kik ..... ..,. Looking East from the Point of Access across Fern Avenue. Page 2 Varra Companies, Inc . Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047 Friday 28 February 2014 Lauren Light, EHP Weld County - Dept. of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Weld County USR 0000 - Varra Companies , Inc . - Varra- Coulson Resource Project. Dear Lauren: Here are our plans to the following: Noise Varra Companies, Inc. will maintain plant activities such that a stationary source emanating noise levels of 80 dcb is no closer than 400 feet from permitted boundaries. The purpose is to keep noise levels from stationary sources at 55 dcb or less to the extent practical beyond the permit boundary. This of course is ideal, and should not be considered absolute for all conditions, as anomalous conditions such as wind, or other unforeseen circumstances may create temporary elevated readings beyond practical control or intent, and should not bear adversely against the operator under such instances. Finally, if noise complaints occur, these variables as well as the noise levels should be measured at the location of the complaint and not at the permit boundary as a means of determining compliance . The goal is to keep general noise levels from stationary sources at or near residential levels where nominal residential living occurs. As a point of clarification, while the County indicated 450 feet in its stipulations, the measured distance is in fact 400 feet based upon noise meter level readings necessary to a source of 80 dcb to 55 dcb, i.e ., background residential levels. The County acknowledges the advantages of the site terrain and topography in minimizing stationary and mobile noise sources. The operator will also work to place to advantage our resulting product stockpiles in such a manner as to further enhance noise reduction and abatement within the proposed plant locations at Tract A. 1 Further, in the matter of mobile noise sources, the circulation of the existing access maintained under the operating plans will minimize the need for backup warnings by keeping traffic forward operating. Where practical, white noise backup warning indicators will be preferred to that of beeper warning indicators. Finally, the direction of extraction is away and then down from surrounding residential properties. These residences, predominantly to the south of the permit boundary, are also well situated an additional 400 feet or greater from the permit boundary, further increasing the distance and subsequently reducing potential concerns respective of any on- site generated noise . Odor Odor abatement is not considered a potential concern until and unless Asphalt Plant operations are established. At the time of Asphalt Plant operations, opacity rules will aid in keeping emissions within the permit boundary, and will cause caution when winds are high and prevailing from the north-northwest. The applicant will work with Weld County to keep the potential for any odors emanating as a result of our Asphalt Plant operations from adversely affecting area residents. Waste No hazardous waste will be stored at this location. Trash will be contained and disposed of in metal containers with lids, commonly 30 gal. in size , and removed from the location by Ram Waste Systems, 5704 Bueno Drive, Ft. Collins, CO 80525. Dust Dust (a.k.a. , air borne particulate matter) is in general managed under an approved Fugitive Dust Plan (CDH Permit 10WE1751F. Water trucks are utilized to suppress access generated dust on our haul roads. Haul trucks are moving moist material as part of extraction. Semi and tandem trucks will cover product leaving the site . All traffic generated dust is further minimized by keeping speeds to posted 15 mph or less. Use of structural fill or other suitable on - site generated materials over the native ground will further serve to reduce dust either from traffic or wind. Operations from extraction will increasingly be below ground, and plant generated dust further protected by winds and vectoring by generated product stockpiles. Varra Companies, Inc. — Weld County USR 0000 — Varra-Coulson Resource Project — 2 correspondence of Friday 28 February 2014. Water & Sanitation Bottled water will be utilized at the plant site, as all plant and scalehouse structures are portable . Access to existing and permanent septic based restrooms and permanent potable water sources is available on our adjacent Durham Project, located on the east boundary of this location at our existing concrete plant facility. Naturally, Varra Companies, Inc. desires to be seen and felt as a good neighbor to all our neighbors. We trust our clarifications and enhancements detailed under the respective plans above , will satisfy the concerns and regulatory duties of your office . If we you need further clarification or additional information, or if we may assist your office at any time, please do not hesitate to contact us. Thank-you Lauren, for your kind and professional assistance . Respectfully, Varra Companies, Inc. Bradford Janes, Forester cc. Kim Ogle , Planner III Weld County — Dept. of Planning Services Christopher L. Varra, President Varra Companies, Inc. Varra Companies, Inc. — Weld County USR 0000 — Varra-Coulson Resource Project — 3 correspondence of Friday 28 February 2014. 1111111111111111111 III 1111111 III 1111111 III 11111 /III/III / .5( 2788164 08/18/2000 03:53P JA Sukl Tsukamoto 1 of 1 R 5.00 D 0.00 Weld County CO THE GREELEY IRRIGATION COMPANY P.O. Box 449 Greeley, CO 80632 July 11, 2000 Mr. Robert Hanes 2305 East 16'" Street Greeley, CO 80631 Re: #3 ditch on your property/Thorkel Nelson agreement Dear Bob: In connection with the sale of your property to Jake Kauffman & Son, Inc., you requested permission for the ditch running through your property to be relocated to the west to facilitate gravel mining operations. It is understood that Kauffman will cover the cost of moving the ditch and any headgates. The Company requires that a road for use by the Company and by Kauffman be constructed along the ditch. As consideration for permission to move the ditch, the 1885 agreement between the Company, Greeley, and Thorkel Nelson, or any subsequent similar agreements, to which you are a successor in interest by virtue of ownership of the land, will cease to exist. The Company will take back the maintenance of the ditch, and there will no use by you or your successor(s) in interest to the "waste water" referred to in said agreements. Please sign and date a copy of this letter for the Company's records indicating your agreement with the above. Yours very truly, 2,4x-t ' John C. Leone President • o `1 ,4/� yz,ez-/ — Robert Hanes � 2„ Dated: 7- / a - o O AFFECPI,D PROPERTY : The East Halt (E1 /2) at the Northeast Quarter (NE1/4) and the East Half (1;1/2) of the Southwest QuorLer (SW1 /4 ) OI the Northeast Quarter (NEI/4) of Section Ten (10) , Township Five (S) North , R.un/e Sixty five (65) West of the 6th P .M . , Weld County, Oc,lorado 1111111 IIIII 1111111111 1111111 III 1111111 III 11111 1111 11 ?7// 2794274 OS/1812000 12:04P JR Sukl Tsukamoto 1 0l 8 R 40.00 D 0.00 Weld County CO AGREEMENT REGARDING LOCATION OF OIL AND GAS ACTIVITIES THIS AGREEMENT is by and between JAKE KAUFFMAN & SON, INC., a Colorado corporation ("Kauffman"), whose address is 502 So. County Road 9P, I oveland, Colorado 80537, ROBERT NI HANES and JOYCES A. IIANFS (hereinafter collectively referred to as "Manes"1. whose address is 2305 E. le St., Greeley, Colorado 8063 I. and PETROLEUM DEVELOPMENT CORPORATION,a Nevada corporation ("Petroleum"). whose address is 103 E. Main St., P.O. Box 26, Bridgeport, West Virginia _2o33(t, and I yco Energy Corporation, a Delaware corporation, whose address is 6688 N Central F xpressway. Suite 1600, Dallas.'exas 75206("Lyco"), Petroleum and Tyco are jointly hereinafter referred to as "Petroleum.'Iyco". WITNESSETH. I I lanes are the owners of real property in Weld County, Colorado described as the East 3) of the Northeast 1'4. and the Fast 31 of the Southwest L 4 of the Northeast I '4 of to Section 10, Township 5 North, Range 65 West of the 6' P M , Weld County, Colorado also •e W known as 2305 F. 16"'St., Greeley,Colorado 80631 ("Property"). Kauffman is the purchaser o and Hanes are the sellers. of the Property under an Agreement to Buy and Sell Real Estate �, L dated May 26, 2000. Petroleum and Lyco each represent and warrant that Petroleum • Lyco ", ' are together the owners of all rights, as lessees under an oil and gas lease, for the exploration °" and production of oil and gas from the Property. Petroleum Tyco now has a well and C appurtenant facilities on the southeast corner of the Property ("Existing Oil Facilities") '3,474 A., II 2. The parties acknowledge that the primary purpose of Kauffman in the acquisition pp of the Property is for extraction of sand, gravel, rock, soil, and related products ("Gravel 1. lxtraction"), and that in the absence of the agreements contained herein by Petroleum 1-yco with respect to the location of oil and gas activities, the Property would be unsuitable to Kaufman for such gravel extraction purposes and Kauffman would not proceed with the purchase of the Property. 3. For Ten Dollars in hand paid and for other good and valuable consideration, receipt of which is hereby acknowledged by Petroleum/Lyco. Petroleum. Lyco hereby agree that in the event any oil and gas or other hydrocarbon or other mineral exploration. production. storage, processing. or transmission activities are hereafter earned out on the Property, the same shall only be carried out on that portion of the Property which lies to the north of the Poudre River as it now exists,and Pci roleum/I yco agree to the Gravel Extraction, and further hereby release all rights of access and usage of the surface of the Property lying south of the Poudre River as it now exists: provided that Petroleum, I.yco retain the right to continue to operate and maintain the Existing Oil Facilities in their current location and condition -I By execution of this Agreement, the undersigned, individually and on behalf of Petroleum and Lyco.represent and warrant that the undersigned has authority to act on behalf 0. 7,2000 EII IIN 1111111 III Ell 1111111 III 11111 VII liii 2794274 09/18/2000 12:04P JA Suki Taukamoto 2 of 8 R 40.00 D 0.00 Weld County CO of Petroleum and Tyco and to bind Petroleum and Lyco to the terms of this Agreement This Agreement is binding upon the successors, representatives, assigns, agents, contractors and others acquiring any interest or undertaking any activity from or on behalf nl'Petroleum and Lyco forever; and benefits Hanes and Kauffman and their respective heirs. successors, representatives and assigns and runs with the Property 5 Hanes and Kauffman agree to execute the Surface and Damage Agreement in the form attached hereto as Exhibit "A",simultaneously with their execution of this Agreement. 6 The effective date of this Agreement is as of the day and year set forth below 7. Delivery of this Agreement by facsimile transmission containing the signature of a party shall be deemed delivery of an original signature. If delivery is so made by a facsimile transmission, the parties agree,upon the request of either party to exchange documents bearing the original signatures, but such exchange is not required and delivery by facsimile transmission shall constitute delivery without regard to subsequent exchange of documents bearing the original signatures. 8. This Agreement may be executed in two or more consecutive counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. and shall become effective \then one or more counterparts have been signed by each of the parties. DATED as of September 8 , 2000. PEIROL HIM DFVFIOP LN�TC0RP . a Nevad3or 1. Dated as of_sept_ember 8 2000 4' By. L, - It y ' September 8, 2000 , Date a.t.c-N � as VF Fxpinratinn & Develrpmeat ssi 4Setdai;1TSecreta ry do t Or WEST VIRGINIA )ss: COUNTY OF HARRISON SUBSCRIBED AND SWORN to before me this Hth day of_ September_ 2000,by Eric H. Stearns ,as VPp plorat ion ,and Dale G. Rett inger as Secretary of Petroleum Development cTnrp Witness my hand and official seal. My 'or mission ex ires: gut1e 2, 2009 l , OFFICIAL Sr AL _ tC� Stain not'�v p�rti+e 51a1 of weS1ARK Virginia gi nia NO AI Y PUBLIC irerrmeorn❑ovempmenr ourporar,nn Rita A. Clark r09 rest Mem Sbeoi Fin 1, unn,;npo,t WV 26330 MY r^nvr000,on nxpues Jum-/.2Nrcr vvc 2 Q27-'2000 11101111111111111 III 1111111 III 1111111 III 11111 VIII IIII 2794274 09/18/2000 12:04P JA Suki Tsukamoto 3 of 8 R 40.00 D 0.00 Weld County CO LYCO ENERGY CORPORA LION. a helawarey rporation 7 ate LIS at T ,,LA;;L_Ii_ , Secretary %s MM %SAS 1 ss, cern'PITY OF-D224.11 SUBSCRIBEI? ANY) SWORN to before me this day uf„p ,e.egbe- 2000,by letzerr. .01.e,Cpc .asjia3drarlww,fi.s!!.na 1d met ✓,fxc.al>' as Secretary of l yco Energy Corporation. Wines my hand and official seal. My Commission expires: - -t t_A.d0,loo3 NOTARY 1'1;11 IC JANET Tfl ENT EASE .t;,„ j - Notary PaM¢.State of Texas My Cpnnossicn Expo es 03.26.03 27:2000 3 111110111111111111III1111111III Ill III1101VIII 2794274 09/18/2000 12:04P JA Sukl Ttukamoto 4 of 8 R 40.00 0 0.00 Weld County CO JAKE KAUFFMAN & SON, INC. a Coiorado corpor Lion J1tY44 GG BY: RANK A KAUFF I r, Date . + _ as President � : x ., a. . Jo Ad1••.a; ••w t. • : / `• °. �,- , Secretary STATE OF COLORADO ) ss• COUNTY OF I ARLMFR ) � SUBSCRIBED AND SWORN to before me this -LI_ day of - . z�1/ 2000, by FRANK A. KAUFFMAN. as President of Jake Kauffman & Son, Inc. Witness my hand and official seal. My Commission expires /i-2/3(/O/ - p P-kpftY Pop NOTARY PUBLIC I JEANE77r SNOW QPOO f, jFOF C.th-,-V a'1'2000 4 • C�� J .K:.1iL > %// y- J`D -� i•.,�,., /- ///. c c. ROBERT M MANES Paw , .4/hill. A. HANES / hate STATE OF COLORADO ) ss: COUNTY OF WELD SUBSCRIBED AND SWORN to before me this /j day of ��1) 2000, by ROBERT M HANES and JOYCE A. HANES Witness my hand and official seal. My Commission expires / •. 1/: ��o�Pgv j��`��1 en. r(—NOTARY I URI IC f1 JEANETTF � SNOW of A_ o`. OF CO, 111111 IIIII 111110 III 1111111 III 1111111 III 11111 /III /III 2794274 09/18/2000 12:04P JA Suki Tsukamoto 5 of 8 R 40.00 D 0.00 Weld County CO v;7.2aO 5 nrelfol^111]11 1 3:.15 40JHJ 20419 PD_. PR0h UIJG t At4 "ti's N1 111111 11111 11111111111111111 III 1111111 III 11111 IIII III' 2794274 09/18/2000 12:04P JA Sukl Taukamoto 6 of 8 R 40,00 D 0.00 Weld County CO SERF ACE AND DAMAGE AGREEMENT OA I fR Receipt and Pelisse, THIS AGREEMENT made and entered into this day of, 2000 by and bewren Robin Ni.Hanes and Joyce A Hanes,owner of the surface of the F 1. NE i X: E 2 SW J NE4 of Sertron 1'0 T`N,R65W, m the Counr of Weld,State of Colorado.hereinafter refined to as ''Owner",and Petroleum Development Corporation.hereinafter referred to as"?TN." For and:n consideration of Ten Dollars 1510 001 in hand paid by P'JC by delivery of es Clink No Ti ,the receipt of sufficiency of which is berths acknowledged es full pavnsent. senlement,satisfaction and discharge of any and ail claims ag wrist PDF,its agents,employees and contractors for any and all detunent. nurses and damages of whatsoever nature and character giow:ng out of incident to.or in connernon with the reasonable and customary performance in the drilling and completing of the following"Well"as a well capable of producing oil and/or gas,or plugging and abandoning it as a dry hole.and ail related operations in preparing the Well for production or abandonment ("Operations'-) Well Name Bonerre a l-10 Legal Location. Township 5N,Range b5W Section !0 NSE FSL&=60 EFL Weld County.rotorado Especially including.bur not limited in.irlury or damage to growing crops as a result of;he Operations, access to the Well,and occupancy on the well site Owner hereby gives,grants and conveys unto PDC.its agents.employees and contractors, a right to use Owner's property as set forth Aso'.e for 311 purposes necessary for ?Df' to perform the Operations and all rights incident and appurtenant thereto,with all the rights of unimpeded ingress and egress across Owner',lands as set forth ribose to the Well described above Payment hereunder shall not compensate Owner for damages to improvements on Owner's land other than growing crops including without limitation damages to buildings.fences. gates and livestock, and other extraordinary losses or ramages caused bs PDC its agents employees and contractors to Owner's property,or to the property of Owner''.sot face lessee, if any PDC agrees;o compensate Owner promptly for such exmordsnary losses and damages upon mutually agrrrahle treins Owner shalt have the responsibility of notifying any affected tenant. lessee or other pain who mas own cis have ass interest in any crops or surface improvements which could he affected by PDC's proposed Operations Owner agrees that all damages claimed h y a surface tenant,lessee and other party having an interest,resulting from PDC's Oneeauons shall be senlyd by Owner and Owner shall inderrunfy and hold PDC harmless against any claims resulting therefrom. PDC agrees to perform all necessary reclamation,work to that the land at ferted by its operations is restored as nearly as practicable to its original contour and existing vegetative cover _Exhibit r"A" to Agreement Regarding Location of Oil 8 Gas Activities RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR SCANNING PURPOSES. 0q/ir/20011 13:4S 3Etq Ha 7f191-1 °iii PepD AND I_G1NU umr IIIIII 11111 IIIIIII III VIII III lilt III2794 "III Illl I'll 7 olZ74 B R 40.0O0.00 Weld A Sukl County kamolo County CO "Ii is agreed that the well shall be drilled only on the north aide of the Pundit River and all provisions hereof relate to that property of the undersigned located on the north side of the Poodle Rivet Concerning any metier relating to PDC's proposed Operations,Owner may contact Operator Penniman Development Corporation Person to Contacr Jeffrey i Uavrs Address 1313 Denver Avenue. Bldg +3 For Lupton Colorado 80621 Phone Number /303; 8s/-'892 Fax 1303i 857 7894 Cellular - t 9201 371.2204 OR Person to Contact Gary W. Fridley Address )03 East Main Street.Box 20 Bridgeport,WV 26330 Phone Number /30418426256 Fax 13041 842 0913 Commencement of PDC's Operations with heavy equipment Is estimated to begin on September 15.2000 Owner acknowledges that it has been given notice by PDC of its proposed Operations at least thirty/301 days(tar if the well is to he drilled on irrigated crop lands between March : and October 21 e: least fourteen(14)days)pnor to PDC's estimated commencement date st hereby waives such thirty;30) day,or fourteen(141 day requirement A hrochure is available upon request from the Colorado Oil and Gas Constr.anon Commission, ;120 I moon)Street. Suite 801,Denver Colorado 80203. which described the tights and responsibilities of Owner as the surface owner Owner acknowledges that it has consulted wilt PDC as to the lo..atton of roads and the necessary- production facilities and the location and size of the wellsne for the above described well. or hereby wines such consultation requirements Owner also acknowledges that Owner had an opportunity to conuncnt to PDC regarding preferences foe the tensing of the Operations and preferred locations for the well and associated facilities Owner has requested that all consultations be conducted directly with Owner,or(if the information is filled out below)duectly with the following tenant. 7cnant Information _ ran Through rho'neon d=m.rryauhie Name Address Telephone), - In consideration of the mutual brimful derived hereunder.Owner hereby remises.¢leases.acquits and forever discharges PDC, its agents employees and consultants(torn any and every acoon cause of action. sun,claim and demand against PDC, tit agents.employees and consultants arising out or inc:dcnt to,or in connection with PDC's Operations.access to thr Well,and occupancy thereon I FC:UROi R'S MLC1URANDI':^.1 Digit ';'JA`. I/)"(4I) i(_I i1 I ':.a ii I,t.`'i- ! Ufa f'lg.13 , OR[;7i'orrR 1-•.ca5 3Ua Ha7t0RIS Fpr. r'PcT Aril-) _ai' This Agreement shall rxtend to and bind owner.PDC. and their respecus r heirs.personal representatives.successors and assigns IN WI(NESS WHEREOF.the panics have executed this Agreernenl or the same date as shown above OWNERS By Robert M Manes By Joyce A.Hanes PETROLE:TI DEVELOPMEN1 CORPORATION By Gary K' Frrdlev 1 111111 11111 1111111 III 1111111 III 1111111 111 11111 I'll II11 2794274 09/18/2000 12:04P JA Suki Tsukamoto 8 of 8 R 40.00 0 0.00 Weld County CO CO 1 Division of Reclamation, Mining and Safety t ent of Natu I R 1313 Sherman Street, Roor,i 215 Denver, CO 807.03 July 28, 2014 Christopher L.Varra Varra Companies, Inc. 8120 Gage Street Frederick, CO 80516 Re: File No.M-2013-064,Varra-Coulson Resource Project, 112c Decision Letter-Financial and Performance Warranty Request-Construction Material Operation Mr.Varra: On July 28,2014,the Division of Reclamation,Mining and Safety(Division)approved your 112c mining permit application. The amount of fmancial warranty set by the Division for this operation is $205,801.00. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a financial warranty form, we have enclosed it in this letter. If you have not,please select a type of financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions,please contact me at(303) 866-3567 Ext. 8124. Sincere�.q / ��g---,7 Peter S.Hays Environmental Protection Specialist Enclosure Cc: Tom Kaldenbach,Division of Reclamation,Mining and Safety Barbara Coria,Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us - !' John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director iic <y s v STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO DIVISION OF Denver,Colorado 80203 RECLAMATION Phone:(303)866-3567 MINING FM:(303)832-8106 St— SAFETY John . PERFORMANCE WARRANTY Govemo Hickenlooper Mike King Executive Director Permittee: Varra Companies, Inc. Virginia Brannon Director Operation: Varra-Coulson Resource Project Permit No: M-2013-064 This form has been approved by the Mined Land Reclamation Board pursuant to sections 34- 32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq. (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Varra Companies, Inc. (the "Permittee"), has applied for a permit to conduct a mining operation known as Varra-Coulson Resource Project (the "Operation") on certain lands in Weld County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Weld County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines - 2 - WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER, the Permittee promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-112(1)(c)(iv) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Permittee further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Permittee's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Permittee hereunder is such that, if the Permittee shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Permittee has so complied, shall release this performance warranty, and the Permittee from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Permittee hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Permittee promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which may be amended from time to time. The Permittee agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Permittee that submits proof, acceptable to the Board or Division of Reclamation, Mining and Safety, that an Applicant or Permittee is a unit of County or Municipal government, or is a department or division of State government, the Applicant or Permittee is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Permittee is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Permittee's financial warranty shall be subject to forfeiture. - 3 - This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this day of Varra Companies, Inc. (SEAL) Permittee By: Title: NOTARIZATION OF PERMITTEE'S ACKNOWLEDGEMENT STATE OF ) ) ss. COUNTY OF _ ) The foregoing instrument was acknowledged before me this day of ,by as of NOTARY PUBLIC My Commission expires: APPROVED: State of Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety By: Date: Division Director Client#: 52032 8VARRCOM ACORD,.. CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DEVYYYY) 10/01/2013 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Colorado, Inc. PHONE 303 722-7776 arc,No- 303-722-8862 FAX (aC,No,Eat)'. ( ) 2000 South Colorado Boulevard E-MAIL ADDRESS:Tower II, Suite 900 INSURER'S)AFFORDING COVERAGE RAC Denver,CO 80222 INSURER A:Phoenix Insurance Company 125623 INSURED INSURER B:Travelers Insurance 39357 Varra Companies, Inc. .Zurich American Insurance [16535 INSURER C _ 8120 Gage Street INSURER D:Charter Oak Fire Insurance Comp [25615 Frederick,CO 80516 — INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR '.AD0LTSUBR POLICY EFF POLICY EXP I LIMITS LTR TYPE OF INSURANCE INSR!WVD POLICY NUMBER (MW DDIVYYY) IMMIDD/YYYY) - _ A GENERAL LIABILITY Y6306A650550PHX13 10/0112013 10101/2014pEACH OpCCCUURRENCE 151,000,000 XI MMERCIA�L GENERAL LIAJALIII PRES IEnEoccunanw, 1$300,000 CLAIMS MALE 1 X <X,CIJR MED EXPIAny one person, I 510,000 PERSONAL&ADVnJIURY 151,000,000 GENERAL AGGREGATE s4,000,000 GE MI AGGREGATE LIMIT APP/IFS PEP PRODUCE•COMP/OF AGG 52,000,000 POLICY X PRD HOC I $ I�CT CO SINGLE LIMIT D AuromoAUTOMOBILELIABILITY MBINED Y8106A650550COF13 101011201310101/2014,F?accdenq $1,000,000 AN' MODILT INJURY(Per IX'Isonl $ AN,' I — - ALI.OWNENED ECHEHEED BODII Y INJURY(Per aWdeolI $ AUTOS AUTOS I -. AUT OS :Hi PROPERTY DAMAGE .5 X HIRED AUTOS X ACTOR I IPer amdonn 5 I B X UMBRELLA LIAR X OCCUR YSMCUP6A650550TIL1 10/01/2013!10/01/2014 EACH OCCURRENCE s4 000,000 EXCESS LIAR CLAIMS-MADE I I AGGREGATE s4,000,000_ DED X. RETENTION$10,000 1 _ i - 5 WORKERS COMPENSATION WC SLAT U- I 01MI A I YNUBSD76484613 1010112013 10/01/2014, X .Logy omit;:_ FR AND EMPLOYERS'LIABILITY Y,N ANY PROPRIETOR/PARTNER/E<LC:UINE LEACH ACCIDENT 5_1,000,000 OFFICER/MEMBER EXCLUDED' N1 N/A I (Mandatory In NH) E L DISEASE•EA EMPI OYEEI 51, 00,000 0 It yes desalt*rant EL OICEASE-Poucr llMll 51,000,000 _ DESCRIP I ION OF OPERATIONS Pelee, _ _C [Leased/Rented CPP92717800 10/01/2013 10/01/2014 $300,000 Limit I $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES{Attach ACORD 101,AddMlonal Remarks Schedule,M more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 758 ACCORDANCE WITH THE POLICY PROVISIONS. Greeley,CO 80632 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10666491M1066559 8TBEC Client#: 52032 BVARRCOM ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 1010112013 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policylies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ICONTACT NAME. Willis of Colorado, Inc. I PRONE 303 722-7776 ac.No):FAX 303-722-8862 LAIC,No.Eel): ( 2000 South Colorado Boulevard E-MAIL 'ADDRESS Tower II,Suite 900 , INSURER(S)AFFORDING COVERAGE I NAIL a Denver, CO 80222 INSURER A,Phoenix Insurance Company 125623 INSURED INSURER a:Travelers Insurance 139357 Varra Companies, Inc. Zurich American Insurance `16535 8120 Gage Street INSURER C: g INSURER D:Charter Oak Fire Insurance Comp 25615 Frederick, CO 80516 - — ' INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADOLISUBRI POLICY EFF -POLICY EXP LIMITS LTR TYPE OF INSURANCE INSRIWVD! POLICY NUMBER LMMIDO/YYYY)L(MMIDDIYYYY) A GENERAL LIABILITY I Y6306A650550PHX13 10101/2013110/0112014 EACH OCCURRENCE 61000000 nnµµ XI COMMERCIAL GENERAL L O AEILT, FREM 5jlEsoccu.encel 5300,000 LEANS-MADE X OCCUR MEP E JP'An/one Person, 610,000 PERSONAL&ADC INJURY _ 61,000,000 I GENERAL AGGREGATE s4,000,000 GENE AGGREGATE LIMIT APPLIES PER I PRODUCTS-COMPIOPAGO 52,000,000 POLICY I X JECH LOC 6 D AUTOMOBILE LIABILITY Y8106A650550COF13 10101/2013 1010112014 COMBINEDdent, NcII LIMIT _(Ea awdeml 61,000,000 X1 ANY AUTO BODILY INDERE/Per Jenson i 6 '—I ALL OWIJFD '� SCHEDULED EODIIn RIILcA'IPor accident)I HS AUTOS AUTOS - NOM-OVVNE PROPERTY DAMAGE X HIRED AUTOS X I AUTOS /Per aaldenq — _ •s B X' UMBRELLA LIAB IX oecup YSMCUP6A650550TIL1 10101/2013 10101/2014 EACH OCCURRENCE s4,000,000 _ — EXCESS LIAB I CLAIMS-MADE I I AGGREGATE I s4,000,000 _ DED X RETENTION S10,000 I Is A WORKERS COMPENSATION I YNUB5D76484613 h010112013 10/0112014 X IIR]Ilk'Li 5 I ER AND EMPLOYERS'LIABILITY I ANY PROPRIETORIEXCLUDR/E/CCUTIVPY I N L I EACH ACCIDENT Li,000,000 (MandaRry In NHP E%CLUDED' I N NIA (Mandatory In NH) ' L 1 DISEASE-EA EMPLOYEE!51,000,000 II yes RIRUlce under DESCRIPTION OF OPERAT IONS belOW I i EL DISEASE-POUDI LIMIT 1$1,000,000 C Leased/Rented . CPP92717800 10/01/2013 10/0112014 5300,000 Limit I I 51,000 Deductible •DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD III.Additional Remarks Schedule,N more space Is required) CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept of Planning Services ACCORDANCE WITH THE POLICY PROVISIONS. 1400 No. 17th Avenue Greeley, CO 80631 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1066650/M1066559 8TBEC Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 LAND USE APPLICATION Reply to Comments, Recommendations, & Proposed Development Standards Case Number: USR14-0023 Hearing Date: September 16, 2014 Applicant: Varra Companies, Inc., 8120 Gage Street, Frederick, CO 80516 Coulson Excavating Company, Inc., 3609 NCR 13, Loveland, CO, 80538 Request: A Site Specific Development Plan and Special Review Permit for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing, materials recycling and an asphalt and /or concrete batch plant in the A (Agricultural) and 1-3 (Industrial)Zone Districts. (Varra-Coulson Resource Project) Legal Description: Lot B of Recorded Exemption No. RE-3197 being part of the NE4 of Section 10, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Location: North of and adjacent to East 16`" Street, west of and adjacent to Fern Avenue Size of Parcel: 100.63 acres, more or less Parcel Number: 0961-10-1-00-006 REPLY TO POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS Thursday 11 September 2014 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies with comment: State of Colorado, Division of Water Resources referral dated May 13, 2014 • Weld County Department of Building Inspection referral dated May 16, 2014 • US Army Corps of Engineers referral dated May 19, 2014 Colorado Department of Transportation referral dated May 27, 2014 Weld County Department of Environmental Health referral dated June 2, 2014 Weld County Department of Public Works referral dated June 4, 2014 Greeley No. 2 Irrigation Company referral dated June 4, 2014 Department of Planning Services— Floodplain Administrator referral dated July 23, 2014 The Department of Planning Services' staff has received responses from the following agencies without comment: Weld County Zoning Compliance referral dated May 5, 2014 West Greeley Soil Conservation District referral dated May 7, 2014 City of Greeley Planning referral dated May 28, 2014 The Department of Planning Services' staff has not received responses from the following agencies: Weld County Sheriff's Office Weld County Extension Office Greeley No. 2 Irrigation Company Weld County School District RE-6 ❑ Western Hills Fire Protection District O Petroleum Development Corporation State of Colorado Division of Parks and Wildlife ▪ Federal Emergency Management Administration ▪ State of Colorado Division of Mining Reclamation Safety State of Colorado Department of Public Health & Environment THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. Acknowledged. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-2-20.A A.Goal.1 states "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Following temporary mining disturbances from the proposed Varra- Coulson Resource Project mine, the reclaimed land use will be one open water reservoir basin totaling 59.30E surface acres. Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." According to the Weld County Sand, Gravel Resources map dated July 1, 1975, the property is classified as F-4 (Flood-plain Deposits — unevaluated aggregates). The application materials indicated that the topsoil that exists, will be removed and stockpiled for use during site reclamation. Across the site, the gravel deposit is located in depths 40 feet below natural grade and may be located at depths greater than fifty feet on lands adjacent to the Cache La Poudre River. Section 22-5-80.C (CM.Goal 3) states, "Minimize the impacts of surface and subsurface mining activities on the surrounding land, land uses, roads and highways. The applicant will enter into an Improvements and Road Maintenance Agreement that will include repair and triggers for improvement. Section 22-5-80.D.1.h (CM.Policy 4.1.8) states, "Require all mining operations conform to federal, state and local environmental standards." The processing area will be located approximately two hundred (200) feet east of the property line and approximately two hundred (200) feet north of East 16th Street within the mine area. One single family residence is in close proximity, with the nearest residence surrounded by the mining operation. Ten residences are located south of East 16th Street and are typically sited approximately 25 feet to over 300 feet south of the edge of future right-of-way. There is one single family residence located east of the site and is approximately 100 feet from the project's property line and sited directly across from the non-mined area located north of the river associated with this application. The Pre-Mining Plan delineates overburden stockpiles in the form of a linear berm that have been located on-site to mitigate potential off-site concerns of residences in the near vicinity, including the residence that is surrounded by this application. The applicant proposes to utilize truck sprinklers for dust suppression and abatement. The applicant also has a State of Colorado Division of Reclamation, Mining and Safety, Division/DRMS, Permit No. M2013-064, conditionally approved on July 28, 2014. Varra-Coulson Resource Project--USR14-0023 Page 2 Acknowledged. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (A) Agricultural Zone District. Section 23-3-40.A.3 of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), and Section 23-3-40.A.4 Asphalt batch plant in the A(Agricultural)Zone District and Section 23-3-330.D.7 for the (I) Industrial Zone District. Acknowledged. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. With the exception of the residences located south of East 16`" Street and the lone residence surrounded by the proposed mine site, properties surrounding the proposed Varra-Coulson Resource Project site are primarily rural agricultural non-irrigated rangeland. The current Doeringsfeld Varra Mine [AmSUP-345, initially permitted in 1978 and amended in 1986] is located west of and adjacent to this site. To the north are vacant lands north of the river and the Bliss Industrial Park. Adjacent to the east are lands utilized for industrial zone district uses. The rural nature of the area and the existing mining operations make the proposed mining operation and reclamation plan compatible with surrounding land uses. Acknowledged. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed permit area historically, since the early 1950's show the Varra-Coulson fields were row cropped on both sides of the existing Greeley Irrigation Canal #3, until the segment of the Cache La Poudre River to the north was channelized, somewhere in the late 1960's to early 1970's. Most recently, the crops were in corn, it's likely at some point the land grew sugar beets to support the local mill. Areas north of Canal #3 changed to rangeland, consistent with the parcel north of the river. By the middle of the first decade of the twenty-first century, both rangeland and cropland fell into disuse, and the idle lands became covered in invasive and non-invasive weeds. Planning Staff believes that, with the endorsement of the Conditions of Approval, contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. Acknowledged. E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposed site is located in the Greeley-Weld County Airport's "Influence Zone" and also lies within and under the Federal Aviation Administration defined airport horizontal surface and aircraft traffic pattern airspace for runway three-four. Low flying aircraft and aircraft noise could be present over and across this property. Planning staff did not receive a referral from the Airport Authority or the Federal Aviation Administration indicating a conflict with their interests. Varra-Coulson Resource Project--USR14-0023 Page 3 The proposal is also located within the Flood Hazard Overlay District area as delineated on FIRM Community Panel Map #080266-0637C dated September 28, 1982 for the Floodplain. Flood Hazard Development Permits will be required for all structures in the Floodplain, however, no permanent structures or stockpiling of materials are permitted in the Floodway. Building Permits issued on the Lots will be required to adhere to the following fees. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-wide Road Impact Program. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. A Flood Hazard Development Permit is not required. As clarification to this section, the operator asserts that stockpiles may occur within the Floodplain, where they occur below original ground, within the extracted lands. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property to be mined contains no "Prime" agricultural lands, thus, no prime farm land will be taken out of production with this proposal. The subject site is primarily classified as "High Potential Dry Cropland - Prime if irrigated" and "Other Land" as delineated on the Important Farmlands of Weld County map, dated 1979. The land is presently utilized for the grazing of livestock. As clarification, crop and rangelands are currently fallow. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. Acknowledged. H. Section 23-4-250 -- Additional requirements for Open-mining has been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 Weld County Code. Acknowledged. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Service's staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall submit written evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Varra-Coulson Resource Project--USR14-0023 Page 4 Health and Environment to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternately, the applicant can provide evidence from the Air Pollution Control Division, Colorado Department of Health and Environment that they are not subject to these requirements (Department of Public Health and Environment) Acknowledged. An A.P.E.N. has been applied for. B. The applicant shall submit written evidence that the Greeley Irrigation Company has approved the ditch plans and that all necessary approvals are obtained from the Greeley Irrigation Company prior to relocation of the Greeley#3 Ditch. Written evidence shall be submitted to the Department of Planning Services. (Greeley Irrigation Company) Greeley Irrigation Company provided for relocation of the the Greeley#3 Ditch (a.k.a., Canal), as provided in their Agreement of 11 July 2000 with Robert Hanes and Successor(s), as provided in the USR submittal documentation. C. The applicant shall address the requirements of the State of Colorado, Division of Water Resources as stated in their referral dated May 13, 2014. Specific to demonstrating that the well and substitute water supply plan are appropriately permitted for the use or provide a will serve letter from a water district. This requirement is for water that will be utilized for potable uses as well as dust control. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) Acknowledged. D. The applicant shall attempt to address the requirements of the City of Greeley, as stated in their referral response dated May 28, 2014. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) The application is within the sole jurisdiction of Weld County, and presently outside the City Limits of Greeley. The applicant is prepared to work with the City of Greeley to accommodate its needs at the time of annexation. Planned operations do not impair these future considerations. E. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the map in accordance with the State requirements as an attempt to mitigate concerns. The map shall be amended to include any possible future drilling sites. (Department of Planning Services) The operation will comply with established Oil & Gas Agreements.. as provided in the USR submittal documentation. F. The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission to utilize their access road for a commercial access. (Department of Planning Services) Varra-Coulson Resource Project--USR14-0023 Page 5 The operation will comply with established Oil & Gas Agreements.. as provided in the USR submittal documentation. G. A Flood Hazard Development Permit (FHDP) is required in order to construct any type of building, place fill, or conduct mining operations within the FEMA designated floodplain. Please note that it may be necessary to utilize hydraulic modeling showing the impact of mining on adjacent properties. For FHDP modeling purposes, it will be necessary to utilize the Army Corps of Engineers modeling that has been accepted by FEMA. Written evidence from the Department of Public Works that the application has been conditionally approved shall be provided to the Department of Planning Services. (Department of Planning Services) Consistent with previous approved applications, Weld County will not require HEC-RAS modeling and related certification as long as stockpiles within the floodplain/floodway remain below original ground. H. The applicant shall address the requirements of the Department of Building Inspection as stated in their referral dated May 15, 2014. Written evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) There are no planned permanent structures for this operation. If permanent structures are desired, the necessary evidence of compliance with the Department of Building Inspection will be provided to the Department of Planning Services prior to construction activity for said structures. The applicant shall submit an odor abatement and response plan be submitted prior to operation of the facility. This plan shall be implemented at the request of Weld County in the event that odor levels detected off site of the facility meet or exceed the odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented in the event that Weld County receives a significant number of odor complaints and in the judgment of Weld County, there exists an odor condition requiring abatement. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) Consistent with information provided in correspondence to Lauren Light, Weld County Department of Public Health & environment 'Odor abatement is not considered a potential concern until and unless Asphalt Plant operations are established. At the time of Asphalt Plant operations, opacity rules will aid in keeping emissions within the permit boundary, and will cause caution when winds are high and prevailing from the north-northwest. The applicant will work with Weld County to keep the potential for any odors emanating as a result of our Asphalt Plant operations from adversely affecting area residents.' J. The applicant shall submit written or electronic evidence, from the FAA documenting that Form 7460-1 -- Notice of Proposed Construction or Alteration has been submitted, reviewed and approved, or alternatively, written or electronic evidence that Form 7460-1 is not applicable. (Department of Planning Services). Varra-Coulson Resource Project--USR14-0023 Page 6 CONTACTED GARY CYR, GEELEY AIRPORT MGR. VIA THEIR WEBSITE E-MAIL DIRECT ON WEDNESDAY K. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut-sheets for the proposed light standards, and a Lighting Plan to be utilized at the facility for review and approval. (Department of Planning Services) Acknowledged. L. If signs are proposed the applicant shall submit a Sign Plan with sign structure dimensions and all sign locations to be utilized at the facility for review and approval. (Department of Planning Services) Acknowledged. M. The applicant shall submit a CLOMR to FEMA for review and approval prior to mining the property delineating the pre-developed floodplain conditions and the proposed floodplain conditions after mining. (Department of Planning Services) Considering the resulting basin creates a net benefit to the future flood events by lowering peak flows, the condition to submit a CLOMAR prior to mining, appears to be in direct conflict with Title 34 of Colorado State Statues. Planned activities include due diligence that impacts to the prevailing hydrologic balance have been minimized, consistent with Title 34, and the Rules and Regulations of the Colorado Office of Mined Land Reclamation. N. The applicant will enter into an Improvements and Road Maintenance Agreement that will include repair and triggers for improvement. A new Road Maintenance and Improvements Agreement for East 16th Street and Fern Avenue (haul route)with triggers. (Department of Planning Services) Acknowledged. 2. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR14-0023. (Department of Planning Services) Acknowledged. 2. The attached Development Standards. (Department of Planning Services) Acknowledged. Varra-Coulson Resource Project--USR14-0023 Page 7 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) Acknowledged. 4. Fern Avenue is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build-out. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services) Acknowledged. 5. East 16th Street is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build-out. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services) Acknowledged. 6. Fern Avenue and 16`h Street are both classified as collector roadways in the City of Greeley 2035 Comprehensive Transportation Plan. The current street section for a collector requires 90 feet of right-of-way. The mapping indicates that 60 feet of right of way from the section line has been designated for future right of way along 16th Street and Fern Avenue per Recorded Exemption No. 0961-10-1 RE-3197. (City of Greeley) The applicant will work with the City of Greeley at the time of annexation to accommodate its right-of-way interests, to assure it does not conflict with existing rights-of-ways and easements, and consistent with prevailing law. 7. Show the approved access(es) on the map and label with the approved access permit number (will be provided). (Department of Public Works) Acknowledged. 8. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. (Department of Planning Services) Acknowledged. 9. Show and label the floodplain and floodway (if applicable) boundaries on the map. Label Varra-Coulson Resource Project--USR14-0023 Page 8 the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. (Department of Planning Services) The floodplan/floodway boundaries are shown on the Site Plan Map and attending OMLR Exhibit C2: Extraction Plan Map. The FEMA Map Panel Number will be referenced on the final Plat. 10. Tracking control is required to prevent tracking from the site onto the public roadways. Standard tracking control for accesses onto paved roads includes either 300 feet of pavement onsite, or, 100 feet of pavement plus double cattle guards. (Department of Planning Services) Please refer to Weld County Access Permit AP14-00200 — Expires 12/0114. The applicant will work consistent with these standards and/or suitable and approved alternatives, including the possible use of tracking rock in lieu of asphalt. 11. Setbacks to the mining operation are measured from the right-of-way or future right-of-way lines plus the standard setback of 20 feet in the agricultural zone district. No structure will be allowed in the future right-of-way. (Department of Planning Services) All setbacks are consistent with Sec. 23-4-290(A), which states: 'No excavation or processing sand and gravel shall be permitted nearer than ten (10) feet to the boundary of ADJACENT property, easement or irrigation ditch or right-of-way,...' It should be understood, that for every 10 feet of offset, a 3.2± percent loss of valuable non-renewable resource (mineral and water storage) is lost. It should be understood that extraction of sand and gravel is a conservation effort protected under Title 34 of Colorado State Statutes. 12. A culvert is required at any approved road access point; the 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. Please delineate the culvert on the USR map. (Department of Planning Services) Acknowledged. 13. If exterior lighting is proposed the applicant shall submit a Lighting Plan with cut-sheets for the proposed light standards to be utilized at the facility for review and approval. (Department of Planning Services) Acknowledged. 14. If signs are proposed the applicant shall submit a Sign Plan with sign structure dimensions and all sign locations to be utilized at the facility for review and approval. (Department of Planning Services) Varra-Coulson Resource Project--USR14-0023 Page 9 Acknowledged. 15. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld County Code. (Department of Planning Services) Setbacks are based upon existing oil and gas agreements. 3. Prior to construction: A. The applicant/operator shall contact the Permitting/Inspection agent for Weld County Public Works for a Right-of-Way permit for any work that may be required in the right-of-way. A special transport permit will be required for any oversized or overweight vehicles that may access the site and may also be obtained through the same office. (Department of Public Works) Acknowledged. B. The County, in cooperation with the City of Greeley, is requiring a tracking pad to prevent tracking of mud and gravel on to the paved roadway. The tracking pad may consist of either 300 feet of asphalt or concrete pavement with adequate turning radiuses on to East 16`h Street or 100 feet of asphalt or concrete pavement with double cattle guards. (Department of Planning Services) Please refer to Weld County Access Permit AP14-00200 — Expires 12/0114. The applicant will work consistent with these standards and/or suitable and approved alternatives, including the possible use of tracking rock in lieu of asphalt. or other suitable materials and/or configurations. C. A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any permanent new structures, additions or renovation to any existing structures. A building permit application must be completed and two complete sets of engineered plans. MSDS sheets for all materials stored shall be submitted with building permit applications. (Department of Building Inspection) Acknowledged. 4. Prior to mining operation: A. Accepted construction drawings and construction of the offsite roadway improvements are required prior to operation. (Department of Planning Services) Acknowledged. B. The applicant shall submit a certification letter from a Colorado registered professional engineer certifying that the excavation and reclamation activities within the floodway will not result in an Varra-Coulson Resource Project--USR14-0023 Page 10 increase in base flood elevations. The certification letter should be based on HEC-RAS floodplain modeling of the "before"and "after"conditions. (City of Greeley, Department of Planning Services) Consistent with previous approved applications, Weld County will not require HEC-RAS modeling and related certification as long as stockpiles within the floodplain/floodway remain below original ground. C. The applicant shall submit a letter from a Colorado registered professional engineer certifying that the stability of the Poudre River channel will not be compromised by the proposed mining activities. (City of Greeley, Department of Planning Services) Berm stability and flood analysis was performed and subsequently approved by the OMLR (Permit M2013-064 issued on 28 August 2014. The operator included this report with the USR submittal. This report provides the necessary assurances that planned operations will exercise due diligence that impacts to the prevailing hydrologic balance are minimized; consistent with existing State law, and the Rules and Regulations of the Colorado Office of Mined Land Reclamation. Finally, basins established in floodplains and floodways create a net benefit by lowering future peak flood flows. D. The applicant shall submit written evidence that the Financial and Performance warranty has been submitted and accepted by the Division of Mining Reclamation and Safety. (Department of Planning Services) Acknowledged. 3. The Special Review activity shall not occur nor shall any building permits be issued on the property until the Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Acknowledged. 4. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Map prior to recording. The completed map shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within one hundred twenty (120) days of approval by the Board of County Commissioners. (Department of Planning Services) Acknowledged. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the map not be recorded within the required one hundred twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) Varra-Coulson Resource Project--USR14-0023 Page 11 Acknowledged. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Varra-Coulson Resource Project USR14-0023 1. A Site Specific Development Plan and Special Review Permit, USR14-0023, for Mineral Resource Development including Open Pit Mining (sand, gravel and stone), and materials processing, materials recycling and an asphalt and /or concrete batch plant in the A (Agricultural) and 1-3 (Industrial) Zone Districts. (Varra-Coulson Resource Project), as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) Acknowledged. 5. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) Acknowledged. 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) Acknowledged. 7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) Acknowledged. 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health & Environment) Acknowledged. Varra-Coulson Resource Project--USR14-0023 Page 12 9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) Acknowledged. 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health & Environment) Acknowledged. 11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) Acknowledged. 12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health & Environment) Acknowledged. 13. The applicant shall remove handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Department of Public Health & Environment) Acknowledged 14. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health & Environment) Acknowledged. 15. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health & Environment) Varra-Coulson Resource Project--USR14-0023 Page 13 Acknowledged. 16. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health & Environment) Acknowledged. 17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) Acknowledged. 18. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. (Department of Planning Services) Acknowledged. 19. The operation shall comply with the Mine Safety and Health Act. (MSHA) (Department of Planning Services) Acknowledged. 20. The operation shall comply with the Occupational Safety and Health Act. (OSHA) (Department of Planning Services) Acknowledged. 21. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) Acknowledged. 22. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning Services) Acknowledged. Varra-Coulson Resource Project--USR14-0023 Page 14 23. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) The Operation, consistent with relevant statements in the USR application, will require from 8-12 hours daily, 6 days a week, with exception for work and contracts.. including State of Colorado CDOT or County work, and/or emergency and other contract or government jobs that may require 24 hour and 7 day work weeks. The Applicant requests an exception of Normal work hours from 6:00AM -6:00PM, Monday— Saturday, or as necessary to fulfill contract or job demands. Flexibility in operation hours and days is essential to meet the public's dynamic transportation and infrastructure demands. 24. Existing vegetation and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) Acknowledged. 25. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) Acknowledged. 26. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180. (Department of Planning Services) Acknowledged. 27. During mining, storm water run-off from the disturbed area will generally be contained within the mine pit. The historical flow patterns and run-off amounts will be maintained on site. (Department of Planning Services) Acknowledged. 28. Buildings, equipment and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code: 2006 International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Acknowledged. Varra-Coulson Resource Project--USR14-0023 Page 15 29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County- wide Road Impact Fee Program and the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) Acknowledged. 30. Should human remains be discovered during mining activities, the requirements under State Law C.R.S. part 13 apply and must be followed. (Department of Planning Services) Acknowledged. 31. The number of employees associated with the daily operations of mining and processing operations is limited to 12 persons per shift. (Department of Planning Services) Acknowledged. 32. Prior to vacation of the USR or release of the Performance Bond held by the Division of Reclamation Mining Safety, if mining has occurred, a Letter of Map Revision (LOMR) must be approved by the Federal Emergency Management Agency (FEMA) pursuant to floodplain regulations codified in the Code of Federal Regulations (CFR)Title 44 Parts 60 and 65. (Department of Planning Services) Acknowledged. 33. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate a velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Planning Services) Acknowledged. 34. The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Planning Services) Acknowledged. 35. The site is located within the FEMA mapped Zone A 100-Year Floodplain and the floodway. Weld County Code Section 23-5-250 prohibits development including but not limited to the construction of buildings and the placement of fill (stockpiles) within the floodway. (Department of Planning Services) Acknowledged. Since a basin results from extraction, all stockpiles within the basin area inside the Floodpaln and floodway will be below original ground. Varra-Coulson Resource Project--USR14-0023 Page 16 36. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Department of Planning Services) Acknowledged. All work will be preformed consistent with Army Corps of Engineers Permit NOW-2013- 710-DEN. 37. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. Acknowledged and consistent with statements shown in the USR application. 38. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. Acknowledged -as finally adapted by the Weld County Board of County Commissioners. 39. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. Acknowledged —and consistent with the USR application and correlated statements. 40. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) Acknowledged. 41. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. Acknowledged. 42. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall Varra-Coulson Resource Project--USR14-0023 Page 17 be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning Services) Acknowledged. 43. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Acknowledged. 44. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Varra-Coulson Resource Project--USR14-0023 Page 18 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Acknowledged. REFERRALS: I. WELD COUNTY Building Department has the following comments: A building and electrical permit will be required, per Section 29-3-10 of the Weld County Code, for any permanent new structures ,additions or renovation to any existing structures. A building permit application must be completed and two complete sets of engineered plans. MSDS sheets for all materials stored shall be submitted with building permit applications. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305 Every Factory-Built Nonresidential Structure manufactured after the effective date of these regulations that is manufactured, sold, or offered for sale in this state must display an insignia issued by the Division of Housing certifying that the unit is constructed in compliance with the standards adopted in schedule "B"which is incorporated herein and made a part of these Rules and Regulations by reference, and all other requirements set forth by this resolution. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review and comments and submitted with Commercial Permit application to Weld County All building permit requirements can be found on the Weld County web-site. www.co.weld.co.us/Building Inspection/Commercial Permits Frank Piacentino Acknowledged. II WELD COUNTY - Environmental Health Services has reviewed this proposal for Mineral Resource Development including Open Pit Mining (sands, gravels and stones), and materials processing including concrete or asphalt batch plants and/or recycling operations in the A (Agricultural) Zone District. As this is a temporary use, portable toilets and bottled water are acceptable for sanitary uses. Noise will be restricted to the level allowed in the industrial zone district. Noise can be limited by utilizing white noise backup beepers, equipment located at bottom of pit and a circular mining pattern. Dust abatement will consist of watering haul roads, covering loads and reducing speeds. Varra-Coulson Resource Project--USR14-0023 Page 19 Waste will be placed in covered containers and removed by Ram Waste Systems. The State does not require registration of aboveground fuel storage tanks associated with gravel pits as long as the following requirement is adhered to: "Aboveground storage tanks used to store flammable and combustible liquids at mining facilities and construction and earthmoving projects, including gravel pits, quarries, and borrow pits where, in the opinion of the state inspector of oils, tight control by the owner or contractor and isolation from other structures make it unnecessary to meet the requirements of this article." Any fuel tanks shall be contained within a secondary containment berm. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirement be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternately, the applicant can provide evidence from the Air Pollution Control Division, Colorado Department of Health and Environment that they are not subject to these requirements. Acknowledged. We recommend that the following requirements be incorporated into the permit as development standards: A. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) Acknowledged. B. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) Acknowledged. C. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health & Environment) Acknowledged. Varra-Coulson Resource Project--USR14-0023 Page 20 D. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health & Environment) Acknowledged. E. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health & Environment) Acknowledged. F. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) Acknowledged. G. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health & Environment) Acknowledged H. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Department of Public Health & Environment) Acknowledged. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health & Environment) Acknowledged. Varra-Coulson Resource Project--USR14-0023 Page 21 J. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health & Environment) Acknowledged. K. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health & Environment) Acknowledged. L. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) Acknowledged. III. CITY OF GREELEY All code sections are from the Greeley Development Code and from the City of Greeley Design Criteria and Construction Specifications, Volumes I, II, & Ill. Sections of the Code or Construction Specifications are shown in brackets as part of the review comments below. For additional information on the City Code or the Design Criteria, see the City of Greeley web site at the following location: Planning: http://www.greeleygov.com/CommunityDevelopment/DevelopmentCode.aspx Engineering: http://greeleygov.com/CommunityDevelopment/engineering.aspx General ❑ Advisory. The site is located within the City of Greeley Long Range Expected Growth Area and therefore, is within the boundaries of long-range plans, including, the City of 2060 Greeley Comprehensive Plan. The Comprehensive Plan includes conceptual plans for land uses and transportation (roads, bikeways, trails), as well as goals and policies. The City's Comprehensive Trail Plan includes this property in the boundary. Conceptual plans show that portions of the property would tie into the existing regional open space/trail system in the future. The applicant will work with the City of Greeley to accommodate its right-of-way interests at the time of annexation. Planned operations do not impair these future considerations. Varra-Coulson Resource Project--USR14-0023 Page 22 General ❑ Advisory. Prior to relocation of the Greeley#3 Ditch, all necessary approvals must be obtained from the Greeley Irrigation Company. Greeley Irrigation Company provided for relocation of the the Greeley#3 Ditch (a.k.a., Canal), as provided in their Agreement of 11 July 2000 with Robert Hanes and Successor(s), as provided in the USR submittal documentation. ❑ Advisory. Please provide a copy of the reclamation plan once it is available. The reclamation plan was included with the USR application. Water and Sewer ❑ Advisory. The proposed property is located within the City of Greeley Long Range Expected Growth Area. If in the future, water and sanitary sewer are extended to the property, then it will be a requirement to annex into the City of Greeley, prior to City of Greeley providing utility service. Acknowledged. ❑ Advisory. The City of Greeley and North Weld County Water District have adopted a Water Service Agreement for providing water in this area. Please note that if additional water service is requested then the City of Greeley will decide if water will be provided by the City of Greeley or North Weld Water District in accordance to the executed Water Service Agreement. Acknowledged. Streets ❑ Advisory. Fern Avenue and 16th Street are both classified as collector roadways in the City of Greeley 2035 Comprehensive Transportation Plan. The current street section for a collector requires 90' of right-of-way. The mapping indicates that 60' of right of way from the section line has been reserved for right of way along 16th Street and Fern Ave, per recorded exemption 3197. Any site development must be setback a minimum of 25' from the future right of way. The applicant will work with the City of Greeley at the time of annexation to accommodate its right-of-way interests, to assure it does not conflict with existing rights-of-ways and easements, and consistent with prevailing law. Floodwav ❑ Advisory. o Stockpiled materials and equipment should not be stored within the floodway of the Poudre River, unless stored within the gravel pit itself. Varra-Coulson Resource Project--USR14-0023 Page 23 Acknowledged for both the floodplain and floodway. o It is recommended that a certification letter be provided from a Colorado registered professional engineer certifying that the excavation and reclamation activities within the floodway will not result in an increase in base flood elevations. The certification letter should be based on HEC-RAS floodplain modeling of the"before" and "after" conditions. Consistent with previous approved applications.. Weld County will not require HEC-RAS modeling and related certification as long as stockpiles within the floodplain/floodway remain below original ground. Considering the resulting basin creates a net benefit to the future flood events by lowering peak flows, an increase in base flood elevations should not occur. o It is recommended that a letter be provided from a Colorado registered professional engineer certifying that the stability of the Poudre River channel will not be compromised by the proposed mining activities. Berm stability and flood analysis was performed and subsequently approved by the OMLR (Permit M2013- 064 issued on 28 August 2014. The operator included this report with the USR submittal. This report provides the necessary assurances that planned operations will exercise due diligence that impacts to the prevailing hydrologic balance are minimized: consistent with existing State law, and the Rules and Regulations of the Colorado Office of Mined Land Reclamation. Finally.. basins established in floodplains and floodways create a net benefit by lowering future peak flood flows. IV. WEST GREELEY CONSERVATION DISTRICT [NOTE: These comments are aggregated from the relevant portions of the referral document]: We have reviewed the request and find no conflicts with our interests. West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. Acknowledged. V. GREELEY NO. 3 DITCH [NOTE: These comments are aggregated from the relevant portions of the referral document]: We have reviewed the request and find that it does not comply with our Comprehensive Plan because the Company must approve plans for ditch lateral relocation. Greeley Irrigation Company provided for relocation of the the Greeley#3 Ditch (a.k.a., Canal), as provided in their Agreement of 11 July 2000 with Robert Hanes and Successor(s), as provided in the USR submittal documentation. VI. COLORADO OFFICE OF THE STATE ENGINEER Varra-Coulson Resource Project--USR14-0023 Page 24 [NOTE: These comments are aggregated from the relevant portions of the referral document as transcribed from correspondence of Tracy L. Kosloff, P.E., Water Resource Engineer]: We have reviewed the above referenced proposal for a site-specific development plan and use by special review for a mineral resource development on a parcel of 100.63 acres. The submitted material does not appear to qualify as a 'subdivision' as defined in C.R.S. § 30-28-101(10)(a). Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. The proposal is for a mining operation, known as the Varra-Coulson Resource Project, with Colorado Division of Reclamation Mining and Safety(DRMS) permit no. M-2013-064. The primary commodities to be mined at the site are sand, gravel, and earth products for construction and infrastructure purposes. Comments regarding the reclamation permit were provided to the DRMS in a memo dated October 23, 2013. Water for dust control purposes will be provided by water trucks. Bottled drinking water will be provided for employees and visitors, and portable toilets will be located on site. The proposed mining operation will consume ground water by evaporation from groundwater exposed to the atmosphere and water removed in the mined product. Prior to the use/exposure of any groundwater at the site, the Applicant must first obtain a gravel pit or other type of well permit from this office, which will require a substitute water supply plan approved by the State Engineer or a decreed plan for augmentation. Our records show that a well permit application and associated substitute water supply plan have not been submitted to this office to date. The site is proposed to be reclaimed to developed water resources for storage of decreed water rights or other water as allowed by this office. The basins must remain in a substitute water supply plan until such time as the basins are lined and the liners approved by this office. Any stormwater runoff intercepted by this operation that is not diverted or captured in priority must infiltrate into the ground or be released to the stream system within 72 hours. Otherwise, the operator will be required to make replacements for evaporation. If you or the applicants have any questions regarding this matter, please contact Sarah Brucker of this office for assistance. Acknowledged. VII. COLORADO DEPARTMENT OF TRANPORTATION Since this development is located off of the state highway system, our concerns are with the connections 16th and Fern have with our state highways. The referral did not address this, but since the intersection of 16th and US 85 was recently reconstructed I am going to assume that it is adequate. But I am concerned about traffic using the Fern Avenue and SH 263 (8th Street) intersection. I would need additional traffic information to address the impacts to the intersection. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Colorado Department of Transportation Region 4 Permits Manager Region 4 Permits Unit - Traffic Gloria, I am contacting you on behalf of Varra Companies and our planned Varra-Coulson pit. When we permitted the Western Sugar property (NE corner of 16th and Ash Ave.) we anticipated anywhere Varra-Coulson Resource Project--USR14-0023 Page 25 from 20-200 trucks a day depending on economics and season. We were looking at opening an access off of Ash Ave. to the site, and anticipated 50% of these trips would go north to 8th, and 50% would go south to 16th, based on current traffic patterns that enter our pit on 16th. We have not opened this access on Ash Ave. due to logistics and the short time we now anticipate it will take to mine out the Western Sugar property. With that said, we anticipate that the proposed Fern Ave. access will again be a 50-50 split of approx. 20-200 trucks a day going north to 8th and south to 16th. Again, it may prove after we get into mining the site that we elect not to access it off of Fern, but we most likely will, and want to maintain the ability to do so. We do not anticipate any additional truck traffic or vastly different traffic patterns than what has already been established. Rather, we see a migration from our 16th street access to our planned access off of Fern Ave. Pleasefeel free to contact me with any questions or other information that you would like. Thanks, Brad Jones, P.E. Subsequent e-Mail correspondence from CDOT of 8 September 2014 follows: From: Hice-Idler, Gloria [mailto:gloria.hice-idler@state.co.us] Sent: Monday, September 08, 2014 4:04 PM To: Brad Jones Subject: Re: FW: USR14-0023/Coulson Excavating Assuming that the existing traffic volumes are not increasing, CDOT would not have the warrant necessary to require re-evaluation of the access. We would have no comment. If you have any questions, please contact me. Gloria Hice-Idler Region 4 Permits Manager Region 4 Permits Unit - Traffic VIII.U.S. ARMY CORPS OF ENGINEERS If any work requires the discharge of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent in an aquatic site, which may include ephemeral and perennial streams, wetlands, lakes, ponds, drainage ditches and irrigation ditches, this office should be notified by a proponent of the project for Department of the Army permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act. Regarding a Department of the Army permit review, please identify what the project is. Also, the work in an aquatic site should be identified by the proponent of the project and be shown on a map identifying the Quarter Section, Township, Range and County or Latitude and Longitude, Decimal Degrees (example 40.55555; -104.55555)and the dimensions of work in each aquatic site. Any loss of an aquatic site may require mitigation. Mitigation requirements will be determined during the Department of the Army permitting review. All work will be preformed consistent with our approved Nationwide Permit No. 46 - Army Corps of Engineers—File No. NWO-2013-710-DEN. Varra-Coulson Resource Project--USR14-0023 Page 26 Hello