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Home My WebLink About20143939.tiff BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, STATE OF COLORADO TRANSCRIPT OF PUBLIC MEETING IN RE: USE BY SPECIAL REVIEW PERMIT, USR14-0023, FOR A 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 - VARRA COMPANIES, INC. The above-entitled matter came forrpujlic meeting before the Weld County Board of County Commissioners on September 23, 2$1 at 1150 O Street, Greeley, Colorado, before Susan Brown, Deputy Clerk to the Board, and TRANSCRIBED by Cheryl L. Hewitt, Deputy Clerk to the Board I HEREBY CERTIFY that the attached transcript is a complete and accurate account of the above-mentioned portion of the public meeting. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Esther E. Gesick Clerk to the Board a-nrnu.,/c.aZia /01-0207-02O 9 2014-3939 p� 91M3 APPEARANCES: BOARD OF COUNTY COMMISSIONERS Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia WELD COUNTY ATTORNEY OF RECORD: Bruce T. Barker ALSO PRESENT: Acting Clerk to the Board, Susan Brown Planning Department representative, Kim Ogle Public Works representative, Wayne Howard Health Department representative, Lauren Light 1 PROCEEDINGS 2 3 CHAIR RADEMACHER: Thank you, Susan. Our third case is PL2293 Docket 4 2014-73. Council. 5 COUNTY ATTORNEY BARKER: This is Docket number 2014-73. The case number 6 is USR14-0023. The applicant is Coulson Excavating Company, c/o Varra Companies, Inc. 7 requests a Site Specific Development Plan and Use by Special Review Permit, for a Mineral 8 Resource Development, including open pit mining (sands, gravel and stones) Materials 9 Processing, including concrete or asphalt batch plants and/or recycling operations in the 10 A (Agricultural) Zone District. Legal Description is Lot B of Recorded Exemption #3197, which is 11 part of the northeast quarter of Section 10-5-65. The notice for today's hearing was dated 12 August 9—August 29, 2014. Published September 3, 2014, in the Greeley Tribune. 13 CHAIR RADEMACHER: Kim? 14 KIM OGLE: Good morning. Kim Ogle, Department of Planning Services. As stated 15 this application is USR14-0023. The applicant is Varra Companies, Inc., and they're represented 16 by Garrett Varra. The sign for today's hearings was posted at least ten days prior to the 17 September 16th hearing by planning staff and is evidenced by photograph and affidavit. The 18 site is located north of and adjacent to East 16th Street, west of and adjacent to Fern Avenue. 19 Lands north of the river are located within the Urban Growth Boundary of the City of Greeley 20 and within a three-mile referral area. The proposed Varra-Coulson Resource project site is 21 primarily rural resident — rural, agricultural and non-irrigated, uh, lands. The current 22 Doeringsfeld - Varra Mine, which is under AMSUP-345, is located west of and adjacent to the 1 1 site. To the north are vacant lands and north of the river is the Bliss Industrial Park. Single 2 family residents line East 16th Street to the south and open lands are the east. One single family 3 residence is in close proximity, with the nearest residence surrounded by the mining operation. 4 Ten residences are located south and east of East 16th Street and are typically sited on 5 approximately 25 feet to 30 feet south of the edge of the future right-of-way. There is one 6 single family residence located east of the site and approximately 100 feet from the project's 7 boundary. Varra Companies, in conjunction with Coulson Excavating Company, owns a 8 hundred-acre parcel of land. Of this area, approximately 75 acres will be utilized as part of the 9 mining operation. Currently this land is fallow and is bisected by the Greeley Number 3 Ditch. 10 Mining will proceed first by stripping and stockpiling top soils and overburden. Exposed gravel 11 will then be removed and thus transported to the processing facility. The aggregate material 12 will be recovered using equipment typically for sand/gravel mining operations. During the 13 mining and reclamation activity watering trucks will be used for dust control, uh, as needed. 14 (Coughs). The mining plan occurs in identifiable areas. The south field is approximately 52.7 15 acres in area, the middle field 11.6 acres and the north field approximately 10.75 acres in area. 16 The time table for extraction if you commence in 2015, is estimated to take 25 years, more or 17 less, combined by approximately five years to, to complete the reclamation. During full mining 18 and processing, uh, operations approximately twelve employees will be on site working the day 19 shift. Others using the site will include material haul truck drivers. As trucks enter and leave 20 the site, they are loaded, uh, the entrances, two be located on Fern Avenue. According to the 21 Weld County Sand and Gravel Resources map dated July 1, 1975, the property is classified as 22 F4, floodplain deposits unevaluated aggregates. The depth of the resource varies from 33 to 47 2 1 feet with an overall average depth across the site of 40 feet. Mining will not occur within a 2 hundred feet at the Cache la Poudre River Channel. The stockpile and processing area will be 3 located approximately 200 feet east of the west property line, approximately 200 feet north of 4 East 16th Street within the mine area. In this location, a portable asphalt and/or concrete plant 5 will be located onsite as needed. The processing plant will be located in an area of the mine to 6 minimize material handling and hauling distances. Reclamation of the proposed permit area 7 will create an approximately 59-acre water reservoir. All areas within - all areas disturbed by 8 mining activities will occur with topsoil and overburden and revegetated during reclamation. 9 Proposed facility does lie within a FEMA designated floodplain or floodway, as the Cache la 10 Poudre River at this location is the one in the Fern Community Panel Map, uh, dated, uh, 11 September 28th, 1982. Building permits will be issued for all onsite building construction and 12 electric facilities and associated equipment. Although the mine site has received approval from 13 the Division of Reclamation Mining and Safety, Permit #M2013-064, conditionally approved on 14 July 28th, 2014, the applicant will be required, as part of a Condition of Approval, to submit 15 evidence from Division of Reclamation Mining and Safety that financial and performance 16 warranty was submitted and accepted for the mine. Twenty-one referral agencies have 17 reviewed this case. They offered comments, some with specific conditions. The Planning 18 Commission recommended approval of the application with attached Conditions of Approval 19 and Development Standards. Uh, prior to the Planning Commission hearing, staff received no 20 correspondence or inquires — uhm — concerning this application. Prior to this hearing, staff 21 received a letter from an adjacent property owner, Carol St. John, who holds a number of 22 concerns. Ms. St. John's concerns are regard to air pollution, potential for flooding, safety of 3 1 the surrounding mine road due to increased numbers of truck, noise, visual pollution and 2 potential loss of real estate value. Ms. St. John requests that some type of landscaping be 3 employed along East 16th Street for on the — predominately to the east in the project. Uhm, 4 Ms. St. John is here, uhm, today. We have some images that we can run through and answer 5 any questions. 6 CHAIR RADEMACHER: Go ahead with the images first. 7 MR. OGLE: Okay, so this the Reclamation Plan showing the one, there's two 8 Reclamation Plans. This is the one that's, uh, preferred, so, it's when we laid about 59 acres. 9 The rivers up to the north and then lands north of the river — uhm — are zoned industrial and 10 that's where the— uh — Bliss Industrial Park is located. This is the view looking west on East 16Th 11 Street from Fern. So when you're looking back west on 16th Street, the buildings to the right on 12 this image are the residence that's surrounded by the mine activity. So you're looking towards 13 Fern Avenue and then these are some adjacent property owners that are south of— uh — East 14 16th Street and we didn't hear from any of these neighbors — uh — in the course of the 15 application. This is the — Number 3 as it comes in on the west side of the property. This is a 16 view north towards the airport. This is a view across the property from East 16th. Similar view. 17 And then looking back from Fern across that's where that residence is it would be surrounded 18 by the mine activities. Due to the west towards the Endurance Field Mine, this is the proposed 19 access on a road into — uhm —the site utilizing the oil and gas road, be towards the river. Here's 20 the river. Similar view of the river. This is looking across the road. Looking down towards Fern. 21 Where that truck is, is the location of 16th Street and Fern. 22 CHAIR RADEMACHER: Camera happy. 4 1 MR. OGLE: Yeah. 2 CHAIR RADEMACHER:Huh, huh, huh. Any questions for Kim? Yes. 3 COMMISSIONER CONWAY: Kim, the residents on 16th Street, would they have 4 been in notification area? 5 MR. OGLE: To 500 feet? 6 COMMISSIONER CONWAY: Yeah. So they all got postcards. 7 MR. OGLE: They all got postcards. 8 COMMISSIONER CONWAY: Great. Thank you. 9 CHAIR RADEMACHER: Any questions for Kim? Go ahead Wayne. 10 WAYNE HOWARD: Good morning. Uh, Wayne Howard, Planning Services. 11 Uh, as mentioned, this site is — uh — surrounded by Fern Avenue and East 16th Street. Both 12 these roadways are under the jurisdiction of Weld County and both considered local roads. The 13 traffic volumes — uh — taken on 8/6 on Fern Avenue at this location was 1,148 vehicles with 27 14 percent trucks. Uh —the traffic volume on East 16th Street — uh — here at this location was also 15 taken on 8/6 of 14 and had 852 vehicles per day with 35 percent trucks. Uh — we have 16 requested the applicant to enter into an Improvements and Road Maintenance Agreement, for 17 — uh — this site which would include road improvements and possible triggers for — uh — 18 acceleration and decel lanes once those warrants might be met. The City of Greeley — uhm — 19 has also requested that the applicant consider future Comprehensive Plan improvements. City 20 of Greeley has these roads classified as collector roads. The applicant has indicated they would 21 work with the City of Greeley — uh — potentially meeting the setbacks for those future — uh — 22 classifications of roadways, so we're acceptable with that. The access for this site has been 5 1 proposed off of Fern Avenue at an existing access — uh — just north of East 16th Street. They 2 have received the permit from Public Works — uh — Permit #AP14-00200. That — uh — access is 3 currently, I believe, under use by an oil and gas entrance — uh — to a set of tank batteries, so 4 that will be rearranged. The radiuses will be improved for truck traffic and we have also asked 5 for tracking control in and out of this site to accommodate — uh — this type of equipment 6 coming in and off the site. The Drainage Report and Narrative has been submitted — uh — and 7 we have reviewed that and accepted that as acceptable. And that will be what I get to 8 contribute. Any questions you might have? 9 CHAIR RADEMACHER: So where's the trail related to this? Is it out by the road? 10 MR. HOWARD: I'm sorry, say that again. 11 CHAIR RADEMACHER: The Poudre Trail. Is that anywhere in the area? The 12 Poudre Trail? Mike? 13 COMMISSIONER CONWAY: It doesn't go that far. 14 COMMISSIONER KIRKMEYER: What trail are you talking about then? 15 CHAIR RADEMACHER: Poudre Trail. 16 COMMISSIONER FREEMAN: It stops at Island Grove. 17 CHAIR RADEMACHER:Yeah. Okay. 18 COMMISSIONER CONWAY: But I think the City of Greeley does have plans in the 19 future to go to east Greeley. 20 CHAIR RADEMACHER:Well, that's why they wanted our trail. 21 COMMISSIONER CONWAY: Yeah, exactly. That's what I would suspect. 22 COMMISSIONER GARCIA: There's a study that was done. 6 1 COMMISSIONER CONWAY: Yeah. Okay. 2 COMMISSIONER RADEMACHER: It did not get built. 3 COMMISSIONER CONWAY: It's not built and you know Becky has talked about 4 Ponds Project which might pull out to the site. 5 CHAIR RADEMACHER: Any other questions for Wayne? 6 COMMISSIONER CONWAY: No. 7 CHAIR RADEMACHER: Go ahead Lauren. 8 LAUREN LIGHT: Lauren Light, Environmental Health. Public water and portable 9 toilets are fine for sanitary uses. That's Development Standard 9. Onsite dust will be controlled 10 by — uh — reducing vehicle speeds, covering the loads and watering the haul roads. Fuel tanks 11 must have secondary containment, waste receptacles will be provided in red waste — uh — pick 12 up the trash. They will have to get an Air Emissions Permit through the State. That's covered in 13 Condition of Approval 1A, prior to recording the plat. Also Development Standard 12 addresses 14 odor and that is based on them having an asphalt batch plant on the site. Noise is restricted to 15 the Industrial Zone and that's typical for a gravel mine. That's in Development Standard 8 and 16 also the northern half of this property is zoned 1-3, and they talk about noise in their application 17 and they're going to put the equipment that will have 80 decibels at least 400 feet away from 18 the property line and they're stating that will be then reduce the affect on the neighbors. I 19 think they're going to talk about that a little bit more, but that would be that the 80 decibel 20 would — would not reach the property line, so they've already addressed that as far as noise in 21 their application. And then Development Standards 3 through 14 address typical items for — 22 gravel mines that we've had on other gravel mines in the county. 7 1 CHAIR RADEMACHER: Any questions? 2 COMMISSIONER CONWAY: Yeah, just,just a clarification and then when we get 3 into this decibel thing, can you explain for the public what 80 decibels would be the equivalent 4 of? 5 MS. LIGHT: Yeah, 80 decibels is actually, it would be in the Industrial Zone it is - 6 uh — garbage collection, alarm clock, dishwasher. It states that it's an annoying noise level 7 where if they could keep it to 55 at the property line, that's typical for a residential area, so by 8 them stating that they would keep that 400 feet away from the property line and they did some 9 testing with the decibel reader that we actually loaned to 'em. 10 COMMISSIONER CONWAY: Uh hum. 11 MS. LIGHT: That they could keep it to 55. 12 COMMISSIONER CONWAY: And 55 would be basically the conversation we're 13 having right now? 14 MS. LIGHT: Yes. Exactly. 15 COMMISSIONER CONWAY: Thanks. I, I think when you talk about decibels, it's 16 helpful to have actual understanding of the noise level. 17 MS. LIGHT: Exactly. 18 COMMISSIONER CONWAY: So thank you for going through that again. 19 CHAIR RADEMACHER: Any questions for Environmental Health? 20 COMMISSIONER FREEMAN: Nope. 21 CHAIR RADEMACHER: Okay, do we have Varra or their representative present? 22 Come on and give us an explanation of your project. 8 1 GARRENT VARRA: Good morning. I'm Garret Varra. Owner and Vice President 2 of Operations, Varra Companies, Incorporated. We're at the 8120 Gage Street, Frederick, 3 Colorado 80516. Huh, I could probably stay here for an hour and talk about virtues of sand and 4 gravel mining. Suffice it to say, it's simply put, it's, it's vital to our economy and the growth and 5 progression of our county. Uhm, so we're, what I would like to address is — uhm — the letter 6 that—uh —we received yesterday— uh —from one of the neighbors at 2717 East 18th Street. Uh 7 —there was one, excuse me, there's four items addressed on that letter. Uh — air pollution and 8 health concerns, flooding concerns, uh, safety concerns and noise and visual pollution of real 9 estate damage. Uh — for every one of those items besides real estate damage which is very 10 hard to quantify with an operation like this and, going both ways, uh, we have permits to 11 address every one of these items and can be held accountable and will be held accountable — 12 uh. One of the big things that, in reading this letter that I got was — uh — Carol probably 13 wouldn't like to see an increase in, in what's there might not like what's there now, but 14 definitely doesn't want to see an increase. Really what we're doing with this — uh — USR is — 15 uhm — lengthening the longevity of our, our operation. We're, we're at — uh — as much 16 production as we can do right now. Uhm — and we don't aim to increase that production. 17 There's — uh- it's, we're at a point where it's hard to find good employees for these types of 18 jobs because — uh —the workforce is so competitive and we're just looking at maintaining what 19 we are doing now. Uhm — you know — uh — truck traffic, I was surprised to hear uh Wayne's, 20 numbers on that, 'cause I had not seen that yet, but it is, they are interesting numbers. We 21 should be maintaining about those same levels. Uhm — but really this, this is the big part of 22 Carol's letter and their concerns, now, but I'm sure she's going to speak to that, but we, we aim 9 1 to minimize an impact on our neighbors — uh — be the best neighbors that we can — uh —when 2 it comes to flooding concerns — uh — digging a hole in the ground actually reduces flood 3 potentials and we create a benefit, that was evidenced by the flood this May — uh —we took all 4 of the flood water into our, our neighboring pit there — uh — at great cost to us —uh —but it also 5 minimized the flows in the Poudre area as it went downstream. Uh —so again you know, I, I can 6 talk about all the great things that we are committed to being a, a good member of the 7 community, uhm, and doing the best we can to, you know, take care of our neighbors. Uh, with 8 that being said, there was two items within the Development Standards that I would like to 9 address. Uh — number one. 10 CHAIR RADEMACHER: We'll get, we'll get into those after the public hearing. 11 MR. VARRA: Any questions you have, I'll take those now? 12 CHAIR RADEMACHER: Any questions for Garrett? 13 COMMISSIONER CONWAY: No. Not at this time. Thank you. 14 CHAIR RADEMACHER: Go ahead and have a seat, sir. 15 MR. VARRA: Thank you. 16 CHAIR RADEMACHER: I'll go ahead and open this up to the public for public 17 testimony if you wish to testify in this USR, for or against. Come on up. Come on up. Put your 18 name and address into the record and sign the clipboard, it's around. 19 COMMISSIONER CONWAY: It should be right up there. Welcome. 20 MS. ST. JOHN: Do you want me to put it up here? 21 COMMISSIONER CONWAY: Yeah. 10 1 MS. ST. JOHN: Okay. Uh — good morning. My name is Carol St. John. Can you 2 hear me? 3 COMMISSIONER KIRKMEYER: Yes we can. 4 (Loud speaker noise.) 5 CHAIR RADEMACHER: We hear you. (Laughter.) 6 MS. ST. JOHN: Sorry that this got to you all so late. I didn't see the sign posted 7 until pretty close right before the October 15i date. This is really annoying. Can you still hear 8 me? Uhm — anyway I didn't see the sign posted until right before the October 1st date and I did 9 try to come that day. Uhm — you guys had moved us to today and so — uhm — unfortunately I 10 had a really busy month and I wasn't able to get these comments out or, nor was I able to talk 11 to neighbors about it. Uhm I know that Varra is already in the neighborhood, on 16`h Street — 12 uhm — obviously much further west from my property — uh —this is gonna be very close to my 13 property and so I'm much more concerned now about —uh —damage that it can do to, not only 14 my property, but folks around me and of course my own personal health. Uhm — and I'm 15 especially concerned about the noise pollution which you've addressed. Uhm — I guess it 16 remains to be seen how far that will be. (Giggles.) Uhm — as far as the air pollution, uhm, I 17 know already from traveling 16th Street that there's a lot of air pollution that comes from these 18 operations, and so I'm concerned about all the dust, and I know from living there that the wind 19 pattern is from the north and the west which means all of that dust off that site is going to be 20 coming right towards my property, and I actually don't live right across the street; I live down 21 Fern Avenue on the corner of Fern and 18`h, so, of course, I've seen not only all the dust from 22 the site, but also all of those trucks, and I am worried about the potential of them coming down 11 1 my street all the time and prefer that they were going north toward the industrial areas as 2 opposed to, uhm, south into residential areas. Which right now, they don't do it all the time, 3 but there are gravel trucks that come down that way from the current operation further up 4 16th. So, one of my most important points is I would like to see the truck traffic—uh —going the 5 opposite direction from my home and from the residential area on 18th Street. Uh — in the end, 6 I would like to see somehow that air pollution mitigated, and I suggest that maybe some fast- 7 growing evergreens or something along 16th Street, because, as you could see from the 8 pictures, it's all open field right now, so there's nothing to stop that dust from blowing if it 9 comes through. So with the flooding, I agree, those pits did fill up and it does stop some of the 10 flooding, uhm, although, as I recall, being in the flood last year, uhm, I was asked to leave my 11 home twice and the second time was because they were worried that all of our water was 12 going to come out of the gravel pits and flood everybody there below, so, uhm, I'm not sure if it 13 would have just come out as a natural flow if that might have gone better than filling up the pits 14 and then overflowing. In fact, that didn't happen, and I feel lucky for that, uhm, but I don't 15 want to see the potential for that happening in — where they're asked about it, they told me 16 that the reason that that pit flooded is because that bank had been so weakened between the 17 Poudre and those gravel pits with all that operation going on in there, so — uh — I don't know if 18 maybe that, in order to stayed in its own banks and not flow into the gravel pits had that bank 19 not been so weakened. So, those are my four biggest worries is the flooding, obviously, I don't 20 want my property flooded again and it was not flooded from Varra, I want to be clear about 21 that. Uhm — obviously the flooding was a bigger deal, but there was a potential to be flooded 12 1 and I'm concerned about that. I'm especially concerned about the air pollution and the noise 2 pollution. And the trucks. The trucks are huge, so. 3 CHAIR RADEMACHER: Any questions for Carol? 4 COMMISSIONER CONWAY: No, I have a question for staff in response to stuff. 5 CHAIR RADEMACHER: Thank you. Go ahead Commissioner. 6 COMMISSIONER CONWAY: Can I, can I ask Environmental Health, so one of the 7 issues was the air pollution. Can you, uh, the applicant has correctly stated the fact that, uhm, 8 that he has to undergo permitting, monitoring, can you kind of, for the public, outline what that 9 entails to answer some of her concerns about, uh? 10 LAUREN LIGHT: Well they will have to get an Air Emissions, uh, Permit through 11 the State. 12 COMMISSIONER CONWAY: Uh hum. 13 LAUREN LIGHT: For that. That's going to address the dust coming off of 14 stockpiles, whatever you may have. (Someone coughs.) Another thing that helps too is as 15 they're mining and they get lower down in the pit, you know, they have those berm walls, so 16 that's going to help as well. If we do get complaints, and — uh —we do have inspectors that will 17 go out, so if we, because it can't create a nuisance. So if it becomes an issue, there, we have 18 inspectors that will go out and check the site. 19 COMMISSIONER CONWAY: So, so if, if in those cases, where potential, there's 20 heavy winds or difficult, you know, different patterns and it does create it, the public has the 21 opportunity to call you, alert you to it, you'll go out and insure that they're meeting the 22 requirements? 13 1 LAUREN LIGHT: Yep. 2 COMMISSIONER CONWAY: Of their permit, which they have to go through the 3 State? So. 4 LAUREN LIGHT: Yes. And we do keep track of that, so if we would have 5 numerous, uhm, violations, you know, we always, can always could bring it back before the 6 Board and say, "This Condition of Approval is not being met." 7 COMMISSION CONWAY: Okay. Great. Thank you for answering. 8 CHAIR RADEMACHER: Any further questions? 9 COMMISSION CONWAY: No. 10 CHAIR RADEMACHER: Mr. Varra, could you come back up, please and address 11 the concerns and I have pre-written down haul route, trucks and pollution? 12 GARRETT VARRA: Again, uh, as Commissioner Conway just mentioned, for the 13 noise and the dust, we have — uh — permits that I know we have to meet — uhm — and, and we 14 will meet those. Uhm — as it relates back to the flooding — uh — our pit there, which you know 15 as the Durham Pit, [inaudible] and Elliott, that pit, uhm, the reason it flooded was under a 16 permanent structure through the county. There is a spillway structure to specifically alleviate 17 flows from the Poudre River. Uhm, that was from back in the, uh, early 2000's, I believe. 2004. 18 (Someone clears throat.) Uhm, we permitted and built that structure, uhm, because of 19 concerns from neighbors, uh, so again, the, the issue was the flood scared a lot of people. Our, 20 our officers were out there warning people and I don't think they were quite a hundred percent 21 up on what was going on. The floodway and the floodplain are delineated under FEMA, the 22 Army Corps of Engineers in this instance — uh — in the area. They have modeled the base flood 14 1 elevation and where that water's going to go. Uhm, they've modeled it fairly well. It can do 2 some different things sometimes like our operations are — uhm — designed to not push flood 3 water someplace else from where it should go and that is a part of our, our Development 4 Standards in this application, so, uhm, for that, I think it was, it was fear, and I, I don't blame 5 anybody. I mean, the, the property where I lived was absolutely destroyed. We still have not 6 finished cleaning it up and I, I understand that here. I, I saw shell-shocked neighbors for a long 7 time. Uhm, what we want to do is, is make sure that the, the public is more educated and it 8 may, may be something that in the future, uh, we do a work session on, because I believe that 9 our sand and gravel mines, you know, not only providing construction materials, we're 10 providing water storage and flood relief for the future. Uh, so it might be something that, uh, 11 you know, the industry and the, the public and, uh, county staff and, and Commissioners could 12 work on together to... 13 COMMISSIONER KIRKMEYER: Good idea. 14 GARRETT VARRA: ...maximize what we're doing here because look at urban 15 areas. They have the urbans ready to flood control districts. Uhm, and set up a levy, I'm sure 16 nobody wants to hear about mill levies, but they, they take that money and they, they help 17 control floods, help protect residents; you know, figure out if a house was built in the 18 floodplain, let's put it someplace or defer water away from it to make it, make that house out 19 of the floodplain and then they, you know, we don't have to have them at the NFIP anymore. 20 There's a lot of different things we could do to, uh, to help that. The last item, Carol talked 21 about, uh, landscaping. We have provided a Landscaping Plan, uh, for along 16th Street, uh, 22 we're gonna have a fence in there and we are gonna plant, uh, trees and bushes, uh, and then 15 1 behind that, as a further setback, is where we are going to stockpile our topsoil. Uhm, if you 2 see the blue line, that is where we are going to lay out a large chunk of our topsoil, uhm, to 3 basically block even further, uh, our neighbors to the south. Uhm, and that line actually 4 followed the floodplain line, so we're not stockpiling anything within the flood plain to alleviate 5 concerns about pushing flood waters someplace else. So that's, that's how I would respond to, 6 to those items. 7 CHAIR RADEMACHER: The one, the one item you didn't touch on was the haul 8 route. Do you have a haul route? 9 GARRETT VARRA: No. 10 CHAIR RADEMACHER: Public Works, do they have a haul route or not? 11 WAYNE HOWARD: Uh, Wayne Howard. Yes, they did somewhat assume the 12 haul route which was, uh, to come out of the, the new entrance to the site and go north to 13 State Highway 262 with about 50 percent of the traffic, or to go south of that entrance on Fern 14 Avenue, uh, once again about 50 percent of the traffic, so I, I think the haul routes, an 15 assumption based on where their loads are needing to go once, you know, they're selling that 16 product, so it's, it's hard to, you know, predict what might happen, but that's, that's about the 17 only routes available to them at this point. 18 CHAIR RADEMACHER: Any questions? 19 GARRETT VARRA: Can I speak on that first? 20 CHAIR RADEMACHER: Go ahead. 16 1 GARRETT VARRA: And Doug, thank you. Uhm, (sighs), the, the haul routes are 2 approximated because things change, but we are not adding to the load that is currently there, 3 uh, the traffic counts that we mentioned... 4 CHAIR RADEMACHER: Uh hum. 5 GARRETT VARRA: ...should remain about the same coming out of our operations, 6 'cause again we're not producing any more rock. It's going to be the same, same amount of 7 production, so we can only sell so much material... 8 CHAIR RADEMACHER: Right. 9 GARRETT VARRA: ...it's in that, only fills up a certain amount of trucks. We 10 should not be increasing the load from our operation. Should be staying, uh, pretty much the 11 same. 12 CHAIR RADEMACHER: As presently already there. Questions? 13 COMMISSIONER CONWAY: That was my question. 14 CHAIR RADEMACHER: That was my question, too. Go ahead. 15 COMMISSIONER KIRKMEYER: Uhm, (clears throat), one of our conditions of 16 approval talk about the, uhm, applicant shall contact the oil and gas or ditch owner to obtain, in 17 writing, permissions to utilize the access road, for commercial access? 18 GARRETT VARRA: Yes, we... 19 COMMISSIONER KIRKMEYER: Is that where your access... 20 GARRETT VARRA: Yes, we're gonna shall that access with PDC. We're going 21 to improve that access, make it much more safe, uhm, and they, they have agreed to us, I 22 believe we have a letter, letter speaking to that we can provide to staff, uhm, and as far as the 17 1 ditch company goes, we're gonna maintain the access that they already have through 2 prescriptive easement. They will need, uh, we won't need to get anything from them, uh, but if 3 we end up doing something, we can bring that back. That's uh, you know, between us and the 4 ditch company. We can't... 5 CHAIR RADEMACHER: Right and we're gonna try to keep this organized. Do you 6 have any of the Development Standards with or Standards [Conditions] of Approval with that 7 you want us to address? 8 GARRETT VARRA: I do. On the first it's very simple. The title of our USR as the 9 applicant is Coulson Excavating Company. Coulson Excavating Company is a, uh, 50 percent 10 owner of the property. Varra Companies is a 50 percent owner. The applicant should be Varra 11 Companies, Incorporated rather than, uh, Coulson Excavating. Uh, we are not here on behalf of 12 the Coulsons. They are, uhm, our partner on this piece of property and, and will work with us 13 on the piece of property, but the applicant is Varra Companies. 14 CHAIR RADEMACHER: So strike Coulson Evacuation, Evacuating? 15 COMMISSIONER KIRKMEYER: Excavating. 16 CHAIR RADEMACHER: Excavating Company. 17 COMMISSIONER KIRKMEYER: Alright. 18 CHAIR RADEMACHER: Yep. Go ahead. 19 GARRETT VARRA: The uh only Development Standard that I would like to 20 address is very simple under the section title, uh, "Prior to recording the plat", which I don't, I 21 don't have page numbers on this, I apologize. 18 1 COMMISSIONER KIRKMEYER: Sure. It's on our page 4 or 5, you know, where 2 he's going. 3 CHAIR RADEMACHER: Yeah. 4 GARRETT VARRA: Well and, and we're gonna go back to under that's going to 5 Section L. 6 COMMISSIONER KIRKMEYER: I think that's on our page 6 it appears. 7 CHAIR RADEMACHER: Yep. 8 GARRETT VARRA: Which that Development Standard, I'll just read it, "The 9 applicant shall submit a CLOMR to FEMA for review and approval prior to mining the property 10 delineated in the pre-developed floodplain conditions and the proposed floodplain conditions 11 at the mining." Uhm, in discussions with staff, there's been some new guidance from CWCB. 12 What we would like to ask is to just, at the end of that sentence, add "if applicable", because 13 we believe that, uh, under the new guidance, if we show the rise with our modeling, uh, we will 14 not be required to do a CLOMR, which is an expensive and time-consuming process. 15 CHAIR RADEMACHER: Agreed. Commissioners? 16 COMMISSIONER CONWAY: Yeah, sounds good. 17 COMMISSIONER KIRKMEYER: I, I would probably put the "if applicable" at the 18 beginning of the sentence. If applicable, you would submit one. 19 COMMISSIONER CONWAY: I think it's more appropriate there. Yeah, I agree. 20 CHAIR RADEMACHER: Okay. Is that the only ones? 21 GARRETT VARRA: That's the only ones. 19 1 CHAIR RADEMACHER: We have several. Commissioner, go ahead. I have 2 several. 3 COMMISSIONER KIRKMEYER: Okay I have several. So in, I there's going to be 4 some questions in here too, if you'll indulge me, so, uhm... 5 CHAIR RADEMACHER: What page are you on? 6 COMMISSIONER KIRKMEYER: I'm on page 5. 7 CHAIR RADEMACHER: Okay. 8 COMMISSIONER KIRKMEYER: Condition of Approval, uh, 1.B. The applicant shall 9 submit written evidence, uhm, that the Greely Irrigation Company has approved the ditch 10 plans. Uhm, and so 1.B and 1.E. I'm going to ask that we delete them both. This is an... 11 CHAIR RADEMACHER: Yeah. 12 COMMISSIONER KIRKMEYER: ...agreement between the ditch company and in 13 1.E it's an agreement with oil and gas, uh, property owners. That's between them and these 14 other property owners and I don't think we should get in the middle of it. 15 CHAIR RADEMACHER: I agree. 16 COMMISSIONER CONWAY: I agree too. 17 COMMISSIONER KIRKMEYER: So I would suggest we delete B and E. 18 CHAIR RADEMACHER: I had both of them circled. Commissioners? 19 COMMISSIONER CONWAY: Yes. 20 COMMISSIONER GARCIA: Yes. 21 COMMISSIONER FREEMAN: Yes. 22 CHAIR RADEMACHER: Yes. 20 1 COMMISSIONER KIRKMEYER: Okay? 2 CHAIR RADEMACHER: Applicant? Yes. 3 GARRETT VARRA: You've already... 4 CHAIR RADEMACHER: And I had circled F too. 5 COMMISSIONER KIRKMEYER: Okay, well now I'm at C. 6 CHAIR RADEMACHER: Okay. 7 COMMISSIONER KIRKMEYER: So on C it says, it talks about the applicant 8 addressing requirements of the State of Colorado Division of Water Resources, I understand 9 that, but then as we read down through there, it says, one, two, three, fourth line down "or 10 provide a will serve letter from a water district". It, so, is it possible to, for you to get a will 11 serve letter from a water district, or get water from a water district? 12 GARRETT VARRA: We probably could if we, if, if it was necessary; however, a 13 gravel pit serves as a well and under the, the beginning of that section, uh, Commissioner 14 Kirkmeyer, we, we will be needing to get a well permit, which that well permit will have to be 15 augmented in the, uh, the depletion offset, that by, uh, by the [inaudible] Water Supply Plan or 16 a court decreed augmentation plan, so, uh, it, it wouldn't be necessary, uh, as long as we live up 17 to, uh, the health standards for potable water for our employees. That's, that's the only thing. 18 If, we, we can do that through other ways. 19 COMMISSIONER KIRKMEYER: Okay, so what I would like to see is because I don't 20 want to, uh, the County to get into the habit of enforcing a division of, of the State of 21 Colorado's, uh... 22 CHAIR RADEMACHER: Yeah? 21 1 COMMISSIONER KIRKMEYER: ...stuff that, you know, it, it needs to be something 2 that they just need to demonstrate that they have adequate water or whatever for their... 3 CHAIR RADEMACHER: Employees? 4 COMMISSIONER KIRKMEYER: Yeah. Well yeah, and, I mean, they're going to 5 have to go do all their stuff. 6 CHAIR RADEMACHER: Yeah. 7 COMMISSIONER KIRKMEYER: I just don't want us to have to enforce it all, so I'm 8 not sure exactly what the, they just need to demonstrate that they have potable water 9 resources for their employees and for dust control. 10 COMMISSIONER CONWAY: Don't we have that un, under other... 11 CHAIR RADEMACHER: Well they have it un, underneath that too; specific to 12 demonstrating. 13 COMMISSIONER KIRKMEYER: Well then they have it in here as requirements for 14 water will be utilized for potable use or for dust control. That's fine. They just need to show or 15 give written evidence to the Department of Planning Services that they have—water. 16 CHAIR RADEMACHER: Yeah. I agree. 17 COMMISSIONER KIRKMEYER: Adequate water, or whatever. I'm - that needs to 18 change. 19 CHAIR RADEMACHER: So staff needs to come up with some language. 20 COMMISSIONER KIRKMEYER: Yeah. Okay. Uhm, item D, "Applicant shall 21 attempt to address the requirements of City of Greeley." That's fine. Second sentence needs 22 to be deleted. 22 1 CHAIR RADEMACHER: Evidence, that's, yep. 2 COMMISSIONER KIRKMEYER: Yeah. 3 COMMISSIONER CONWAY: By the evidence? 4 COMMISSIONER KIRKMEYER: "Evidence and approval shall be submitted to the 5 Department of Planning"? No. I don't want to get in the middle of that. 6 CHAIR RADEMACHER: Agreed? 7 COMMISSIONER CONWAY: Yes. 8 COMMISSIONER KIRKMEYER: Okay, uhm... 9 CHAIR RADEMACHER: Applicant? Okay. 10 COMMISSIONER KIRKMEYER: F needs to be reworked, uhm, all I want to see 11 there is that the applicant has an access agreement to utilize the easement for their 12 commercial access. 13 CHAIR RADEMACHER: I agree. 14 COMMISSIONER KIRKMEYER: I think they can work it out with whomever. 15 CHAIR RADEMACHER: I agree. 16 COMMISSIONER CONWAY: I got that like PDC. Are you looking at just having 17 them provide their agreement with PDC on that shared access, is that what you're talking 18 about? 19 CHAIR RADEMACHER: Yeah. 20 COMMISSIONER KIRKMEYER: They just have to demonstrate they have an 21 access. 22 COMMISSIONER CONWAY: Sounds like they already do. 23 1 COMMISSIONER KIRKMEYER: Just prior recorded plat and... 2 COMMISSIONER CONWAY: Yep. So just a letter or something. 3 COMMISSIONER KIRKMEYER: So that needs to be reworded. Uhm, I want to 4 know what H is. What requirements of the building inspection, Department of Building 5 Inspection? What are they requiring? 6 CHAIR RADEMACHER: I didn't even read that. 7 KIM OGLE: That's for permits for all of the structures that are, uhm, out there. 8 COMMISSIONER KIRKMEYER: Okay, well don't we have a... 9 CHAIR RADEMACHER: Is that common language? 10 COMMISSIONER KIRKMEYER: Every once in awhile it pops up. Don't we have a 11 standard that requires them to be in compliance with our code? 12 CHAIR RADEMACHER: Yeah. 13 COMMISSIONER KIRKMEYER: Alright and then I would suggest we do this on the 14 same... 15 CHAIR RADEMACHER: Delete it? 16 COMMISSIONER KIRKMEYER: I would suggest we delete H. 17 CHAIR RADEMACHER: Commissioners? 18 COMMISSIONER FREEMAN: Yep. 19 COMMISSIONER CONWAY: Un hum. 20 COMMISSIONER KIRKMEYER: Okay. 21 COMMISSIONER CONWAY: And it also has duplications. 24 1 COMMISSIONER KIRKMEYER: Page 6, it's stated all over the place. Page 6, uhm, 2 M where it says the "applicant will enter into an Improvements Agreement." That is an offsite 3 Improvements Agreement, right? Or offsite road? I mean it's not, we're not asking for onsite? 4 CHAIR RADEMACHER: Insight? Offsite? 5 KIM OGLE: It's offsite. 6 COMMISSIONER KIRKMEYER: Alright, I just want to make you, if you would add 7 in the word "offsite" someplace where it's appropriate, I just want to make sure that we are 8 only doing offsite. 9 CHAIR RADEMACHER: Fine with that, Commissioners? 10 ALL COMMISSIONERS: Yes. 11 CHAIR RADEMACHER: Applicant? 12 GARRETT VARRA: Yes. 13 COMMISSIONER KIRKMEYER: Okay, then uhm, Development Standards H2, the 14 Development Standard 22, it says, "Where topsoil is removed", uhm, "they have to set it aside 15 for spreading over the reclaimed areas". Is that in your permit with the State? 16 GARRETT VARRA: Yes. 17 COMMISSIONER KIRKMEYER: Then I would suggest we delete that. 18 CHAIR RADEMACHER: I agree. I had that circled. Okay? 19 COMMISSIONER CONWAY: Yeah. 20 COMMISSIONER KIRKMEYER: Alright. 21 COMMISSIONER CONWAY: They have to do it anyway. 22 CHAIR RADEMACHER: Yep. 25 1 COMMISSIONER KIRKMEYER: Uh, number 28, number of employees. What did 2 you want to do there? Go per shift. 3 CHAIR RADEMACHER: This is, this is to add it now, so you don't have to come 4 back later. If you're fine with it, I'm fine with it. If not, you want to increase it, now's the time 5 to do it. 6 GARRETT VARRA: It should be, 12 should handle it, but if we're add some, it 7 might as well just kick it up to 18 and leave it at that. 8 COMMISSIONER KIRKMEYER: How about we put in our typical standard that 9 says "however many people they have as commensurate with the septic system" or whatever 10 they have? 11 CHAIR RADEMACHER: What if they don't have a septic system? 12 COMMISSIONER CONWAY: They don't have it. 13 COMMISSIONER KIRKMEYER: Oh. 14 COMMISSIONER CONWAY: They don't have a septic. They have a pota, 15 portable? Right? 16 CHAIR RADEMACHER: Yeah. 17 GARRETT VARRA: Which we utilize too in our neighboring site. 18 COMMISSIONER CONWAY: Let him go 18. That's what he, let him... 19 COMMISSIONER KIRKMEYER: 18? Okay. 20 COMMISSIONER CONWAY: ...that's what, uh hum. 21 COMMISSIONER KIRKMEYER: Right. 26 1 COMMISSIONER CONWAY: And, the likelihood is you're not going to meet that. 2 That, you're just trying to keep the pace, right? 3 GARRETT VARRA: Yeah. 4 COMMISSIONER CONWAY: If it'd get that, I think 18 is okay. 5 CHAIR RADEMACHER: 18 okay? 6 COMMISSIONER CONWAY: Commissioner Rademacher, yes. Good point. 7 CHAIR RADEMACHER: Freeman? Yes, yes. 8 COMMISSIONER CONWAY: Get her done. That way they don't have to come 9 back again. Good job. (Laughter.) 10 CHAIR RADEMACHER: Okay and that's all I had but, do you have more? 11 COMMISSIONER KIRKMEYER: Okay, well I just have a couple more. 12 CHAIR RADEMACHER: Go ahead. 13 COMMISSIONER KIRKMEYER: Okay, so 24 and 30 and 31, we talk about during 14 mining, stormwater runoff, historical flow pattern, and in 30 we put in "historical flow pattern" 15 and then in 31, we say they have to provide for quarterly for best management practices. 16 Well... 17 CHAIR RADEMACHER: All three say the same thing. 18 COMMISSIONER KIRKMEYER: Basically and I don't like part of that wording "best 19 management practices", I mean I'm assuming they're going to do that anyways. I just don't. 20 CHAIR RADEMACHER: Take it out? 27 1 COMMISSIONER KIRKMEYER: They need to get out of the habit of not, putting 2 stuff in here that we can't enforce, so somehow 24, 30 and 31 need to be reconciled and talk 3 about the historical flow pattern to runoff and that will be maintained on the site. 4 COMMISSIONER CONWAY: So you want... 5 COMMISSIONER FREEMAN: That's probably all it needs to say is that? 6 CHAIR RADEMACHER: Yep. 7 COMMISSIONER KIRKMEYER: I'm, I'm good with that. I don't know... 8 COMMISSIONER CONWAY: So, so you want to make that a new 24 and eliminate 9 30 and 31? 10 CHAIR RADEMACHER: Renumber. Yeah. 11 COMMISSIONER CONWAY: Renumber? 12 COMMISSIONER KIRKMEYER: Sure and just make sure that, yeah, they're all 13 consolidated into 24? 14 COMMISSIONER CONWAY: Yeah. Staff clear on that? 15 KIM OGLE: Yes. 16 COMMISSIONER CONWAY: Okay. Just want to make sure you try and keep up 17 with us. I know, we're a challenge. 18 COMMISSIONER KIRKMEYER: Okay. Same thing with 29 and 33. 29 talks about 19 prior vacation of the USR, release of the performance bond, that they have to do all this stuff 20 with FEMA and 30 says they have to have a LOMAR submitted to FEMA within six months at the 21 ending of the mining activity and I don't know if it's supposed to be a CLOMR or a LOMAR, but 22 29 and 33 need to get reconciled as well. 28 1 CHAIR RADEMACHER: I would agree. Commissioners? 2 COMMISSIONER CONWAY: Yeah, I, that would, so... 3 CHAIR RADEMACHER: Just say it's... 4 COMMISSIONER CONWAY: So we're just gonna combine those and reword 5 those, is that right? Is that? 6 COMMISSIONER KIRKMEYER: Yeah. 7 CHAIR RADEMACHER: Yep. 8 COMMISSIONER CONWAY: I don't know if there's certain requirements. Is, are 9 there certain requirements that are in here that you have to undergo anyway? 10 GARRETT VARRA: (Sighs.) We agreed to do a LOMAR at the Western Sugar 11 Project, which is located at 16th Street [inaudible] adjacent to the Leprino Facility, uhm, from 12 what I understand, that has been foisted upon the County by CWCB and FEMA with the Army 13 Corps above them. If, if that's the case, we're having to do it, if that's not the case, a LOMAR is 14 another expensive activity. 15 COMMISSIONER CONWAY: I don't want to, if... 16 COMMISSIONER KIRKMEYER: Reading material. 17 GARRETT VARRA: Uh, yeah. Because here's, here's the... 18 COMMISSIONER KIRKMEYER: Okay, 'cause I'd like to get rid of the... 19 COMMISSIONER CONWAY: He has to, he has to... 20 COMMISSIONER KIRKMEYER: I know there's a whole bunch of other permitting 21 requirements that are above us. 22 COMMISSIONER CONWAY: But he has to go through... 29 1 COMMISSIONER KIRKMEYER: I agree. So then I'm willing with... 2 CHAIR RADEMACHER: Yep. 3 COMMISSIONER KIRKMEYER: ...if you're all in agreement with me, I just didn't 4 know where you all were at, I think we should get rid of 29, 33 and 34. 5 COMMISSIONER CONWAY: Okay, staff is... 6 COMMISSIONER KIRKMEYER: Local permitting requirements he's gonna have to 7 do somewhere else. 8 COMMISSIONER CONWAY: Right. Staff is there any concern about anything 9 that, that he's gonna have to do anyway, but we're a little, that he isn't gonna have to do 10 anyway? In terms of this? 11 KIM OGLE: We'll have Diana come up. 12 COMMISSIONER CONWAY: Okay, Diana's come up. I just, I think we don't need 13 to put in here stuff that you're already required to do through permitting process. 14 COMMISSIONER KIRKMEYER: And we're not to the police for FEMA or for the 15 State, so... 16 COMMISSIONER CONWAY: I would agree, so, but I just want to understand 17 why? 18 DIANA AUNGST: So, I agree that that is an opportunity to combine the language 19 in 33 and 29. FEMA has delegated the County as the local jurisdiction to enforce the NFIP 20 regulations; therefore, I think it would be prudent to keep a reminder in the Development 21 Standards that a LOMAR is required, 'cause FEMA does require the LOMAR within six months of 30 1 the end of the mining activity, and because this mining activity may go on for 20 years and staff 2 is gonna change, uhm, I think it would be useful to have that reminder in... 3 COMMISSIONER CONWAY: Yeah, I think so. And Commissioners. 4 DIANA AUNGST: ...in the Development Standards that a LOMAR shall be 5 submitted. 6 COMMISSIONER CONWAY: I will still be here. 7 DIANA AUNGST: To FEMA within six months of the end of the mining activity. 8 Uhm, because we do have to enforce that as a local jurisdiction and that is a FEMA 9 requirement. 10 COMMISSIONER FREEMAN: Shouldn't we put that as "if applicable" because 11 they might change their rules? 12 COMMISSIONER CONWAY: I agree. (Laughter.) I think that's very appropriate. 13 GARRETT VARRA: That was the comment I was going to make. Uh, we've had 14 extensive conversation with, uh, Kim, Tom Parko, and Diana about these very issues because 15 we're, we're digging a hole in the ground; however, we understand that from conversations 16 with FEMA and CWCB, there is a big issue was insuring that we're not pushing flood waters 17 someplace else which could endanger... 18 CHAIR RADEMACHER: Right. 19 GARRETT VARRA: ...the NFIP Program for the County. We know that's a big issue 20 as far as disaster relief. Uhm, on top of that, because we've heard them same type of threats 21 from Federal. So, what we would say is that "if applicable" would be very fine by us. If 22 something changes, if we can bring FEMA in and say, "FEMA, we dug a hole in the ground. Let's 31 1 compare, let's compare elevations." Maybe we can get them to buy off without doing a full 2 blown letter of map revision. 3 COMMISSIONER CONWAY: I agree. 4 GARRETT VARRA: Because it is expensive, but we don't want to jeopardize NFIP 5 or anything like that for our, our neighbors or this County. 6 COMMISSIONER CONWAY: Well and I think the biggest argument we're making, 7 if applicable, is we have learned just in the last three to four years... 8 CHAIR RADEMACHER: Uh hum. 9 COMMISSIONER CONWAY: ...how these rules change constantly, and so 20 years 10 from now, who knows what's happening. Who knows what, what things, so I, I think making, if 11 applicable, I think is, is appropriate. So what's this... 12 CHAIR RADEMACHER: I agree. 13 COMMISSIONER KIRKMEYER: So these are Development Standards? 14 GARRETT VARRA: Uh hum. 15 COMMISSIONER KIRKMEYER: And we all, you just made the argument that, 16 uhm, FEMA changes, everything changes, well am I gonna be here 20 years? Which, I could 17 actually be here in 20 years. 18 COMMISSIONER CONWAY: But, but, but our staff is telling us, unfortunately, 19 whether we like it or not, the County has essentially been made the, uh, overseer, is that 20 correct? 21 MS. AUNGST: That is correct. 32 1 COMMISSIONER CONWAY: So I agree with you. We shouldn't be enforcing rules 2 that haven't been passed down to us, but just like we get State rules, we as a County, through 3 our Heath Department and others who, we may not like it. We, we have been given that. 4 COMMISSIONER KIRKMEYER: Okay, so if I may finish? 5 COMMISSIONER CONWAY: Sure. 6 COMMISSIONER KIRKMEYER: (Clears throat.) To me there's a difference 7 between putting a Development Standard on an applicant versus the monitoring that the 8 Department of Planning staff has to do, so they're going to have to go over and monitor these 9 anyways. 10 COMMISSIONER CONWAY: Okay. 11 COMMISSIONER KIRKMEYER: Things are going to have to come back. There's 12 got to be discussion. Why put something in here "if applicable" as a Development Standard 13 when we all just set here, well not all of us, most of you sat here and made the argument how 14 things are gonna change anyway, so, you, 'cause we have stuff in here like, "must be approved 15 by FEMA", so I'm back to let's delete it. 16 COMMISSIONER CONWAY: Fine. 17 COMMISSIONER KIRKMEYER: Planning staff is going to continue doing their 18 monitoring of the USR like they need to. When we get to close out - 20, 30, whatever years it is 19 from now, then we'll all have to work together on it. 20 COMMISSIONER CONWAY: No I wouldn't. 21 COMMISSIONER KIRKMEYER: And we all have a Development Standard sitting 22 out there that may not even be applicable. 33 1 COMMISSIONER CONWAY: Okay. Well said. You convinced me, Commissioner. 2 GARRETT VARRA: May I make another comment? 3 CHAIR RADEMACHER: Sure. 4 GARRETT VARRA: This may be an area where the public, uhm, the private 5 companies, uhm, and, and FEMA, CWCB and the County can work together in the years from 6 now to figure this out, because mining is a special breed of, of development. We, you know, 7 and it, and it occurs typically, uhm, many times right in the floodplain of the floodway. 8 CHAIR RADEMACHER: Uh hum. 9 GARRETT VARRA: So there's there more benefits to be gained by our actions 10 than there are negatives. It's just how do we enforce that? How do we keep our NFIP Program 11 up, you know, where it needs to be and, and do what's best for everybody? So I think that's 12 something that, uh, I will volunteer my time to, you know, uh, get somebody from FEMA, get 13 some, somebody from CWCB and we all sit down at the table, discuss this item, because I think 14 it was, it was an afterthought. If you look at the rule that CWCB enacted in 2011 that they, they 15 do ask, specifically call out mining, it's, you know, it's one of those things where somebody's 16 threatening me with a hammer, uhm, you have to be very careful and, and I think staff has, has 17 done the best they can given that reality. 18 COMMISSIONER KIRKMEYER: Okay. And then item number 34, uhm, again, do 19 you have a 404 - permit? 20 GARRETT VARRA: We do, it's for the moving of the GIC #3 ditch, uh, and it's not 21 one hundred percent approved, but I suspect approval will be, uh, forthcoming once, uh, 22 History Colorado has a chance to review the archeological and historical report that we did on 34 1 it, so we satisfied everything from Army Corps. We're just waiting for the referral back from 2 History Colorado to, to make it, uh, one hundred percent finalized. 3 COMMISSIONER KIRKMEYER: Well, I'm back to I'd like to see number 34 deleted, 4 uhm, for the same reasons as stated earlier. I mean, I am, the, permitting requirements with 5 the State, permitting requirements with FEMA, they know, they've, they've done this. They 6 know what they need to do and why do we have to put in a Development Standard that says 7 they're going to notify people? Go let FEMA take care of their business. 8 CHAIR RADEMACHER: Okay, I have one that we missed and that's a, back on our 9 page... 10 COMMISSIONER KIRKMEYER: So are we deleting 34? 11 CHAIR RADEMACHER: Yes. 12 COMMISSIONER CONWAY: Yes. 13 CHAIR RADEMACHER: Yes. 14 COMMISSIONER KIRKMEYER: Thank you. 15 CHAIR RADEMACHER: Applicant? 16 GARRETT VARRA: Yes. 17 CHAIR RADEMACHER: This goes back to our page 9 under 3.C, uhm, I'm not sure 18 if they can ever submit a letter and registered [inaudible]. Is that a requirement? 19 GARRET VARRA: Excuse me, Chair, which one is it? 20 CHAIR RADEMACHER: Three, it's C. 3.C. 21 COMMISSIONER KIRKMEYER: Applicant shall... 22 CHAIR RADEMACHER: Prior to mining operation. 35 1 COMMISSIONER KIRKMEYER: ...registered. 2 CHAIR RADEMACHER: Yeah. 3 COMMISSIONER KIRKMEYER: Professional engineer. 4 CHAIR RADEMACHER: Do you, is that a requirement? That you have to submit a 5 letter? 'Cause how's that work then for the Mississippi and the rest of the country? Is Bella 6 Ross? gonna come down, I mean? 7 GARRETT VARRA: So, this is the one in the application as to the requirements of 8 the State of Colorado Division of Water Resources then? 9 CHAIR RADEMACHER: Yeah. Well, "the applicant shall submit a letter from the 10 Colorado registered professional engineer carrying the civility of the Poudre River." 11 GARRETT VARRA: (Sighs.) We discussed this right before the hearing, uhm, the 12 language is ambiguous. Uhm, I think what the staff meant by that was that if we're doing work 13 at the river bank that we're not gonna have a deleterious impact on it, uhm, but it's not quite 14 written that way, because we have a hundred foot setback from the river, and shouldn't be 15 messing around the river bank whatsoever, uhm, so I think it's a moot point for us, but I think 16 the intention of that was that if you are doing work in river bank, I, I can't speak for staff, but 17 that's kind of what I understood from it is that if you're working on the river bank, you're not 18 going to, uh, create an unstable river bank, uh, river banks by their nature are unstable. 19 CHAIR RADEMACHER: Exactly. 20 GARRETT VARRA: I think we just are trying to stop any deleterious effects on the 21 river. 22 COMMISSIONER CONWAY: But you're not going to be in the river? 36 1 GARRETT VARRA: That's right. That's right. If we reroute the, if we reroute the 2 GIC #3 ditch... 3 COMMISSIONER CONWAY: Right. 4 GARRETT VARRA: ...you will have to make sure that has a nice spot to go back to 5 the river but historically, that's not a stable item, but we can, you know, we can make sure that 6 we're not creating a problem by any number of means, but it's just moving it from one point on 7 the property to another. Do you see the blue dot on the right-hand side? That's currently 8 about where the GIC #3 ditch goes into the river. The green hashed in area at the top? That's 9 where we would look at relocating that ditch, so it will have to get back to the river. That 10 would be the only work we did there, uhm, we do have an Army Corps permit for that which 11 should handle, uhm, you know, stability issues, because we can't put it back in there and get 12 [buy off money for]?, until you have a... 13 CHAIR RADEMACHER: Bottom line that's not a requirement. I'd like to see it 14 struck. 15 COMMISSIONER KIRKMEYER: I'm okay with that. 16 COMMISSIONER CONWAY: His, yeah, he's gonna have to get all [inaudible]. 17 CHAIR RADEMACHER: Yeah. And it's impossible to have... 18 COMMISSIONER CONWAY: So and that's gonna done through the permitting, so. 19 CHAIR RADEMACHER: Go ahead Diana. 20 MS. AUNGST: Mr. Chair, Diana Aungst, with Department of Planning Services. 21 Uh, would it be possible to move Development Standard 33, uhm, in its entirety, uh, to 4.A 22 which would be, so we have prior to construction, via prior to mining operation under#3? So 4, 37 1 would, could read, "prior to release of the Performance Bond" and then A would be the 2 language that's, uhm... 3 COMMISSIONER CONWAY: 33? 4 MS. AUNGST: ...currently under Development Standard 33. 5 CHAIR RADEMACHER: Commissioners? 6 MS. AUNGST: That's, that's what's currently required by FEMA. 7 COMMISSIONER KIRKMEYER: Why? 8 MS. AUNGST: ...is that a LOMAR be submitted. 9 COMMISSIONER CONWAY: Uhm - but we just talked about if it's applicable at 10 the time. 'Cause it's post mining. None of us know what rules and regulations are gonna be 11 propagated at the State or Federal level moving forward. If they may not, uh, I'm kind of where 12 you are. 13 CHAIR RADEMACHER: Why? 14 COMMISSIONER CONWAY: Why we, you are correct to use my words to 15 describe why we should eliminate these and I agree. 16 COMMISSIONER KIRKMEYER: I, I would be, I understand Planning Staff and 17 maybe it's the, wants to make sure we've circled all the way around and that they've 18 come back, so maybe your comment was is that, maybe it's prior to vacation, maybe 19 there is a 4, and it's prior to the vacation of USR, or release of Performance Bond, 20 there's a requirement that the, uhm, applicants, uh, meet with Planning staff to see if 21 there are any, uh, any, uh, necessary requirements that need to be fulfilled. Something 22 of that nature. And that's the, making the full circle that you've come back prior we do 38 1 that and you're all gonna sit down and have a discussion to make sure everything's 2 done. I'd feel more comfortable with that. 3 CHAIR RADEMACHER: I would too. 4 COMMISSIONER CONWAY: I'm okay with that. I... 5 CHAIR RADEMACHER: So, Kim, do you have all the changes that we made? 6 COMMISSIONER KIRKMEYER: Are you okay with that? 7 COMMISSIONER CONWAY: I think I missed, have we resolved some... 8 COMMISSIONER KIRKMEYER: Did you want to, did you want to have a 9 conversation about that? 10 MR. VARRA: We're okay with that. I, as long as we have the ability to argue our 11 points, uhm, it's, it's hard for County staff to take up our cause for us. It's better as long as we 12 have an issue, we come and say FEMA has told us this. We're gonna say... 13 COMMISSIONER KIRKMEYER: Yeah. 14 MR. OGLE: ...let's sit down with FEMA and CWCB. 15 CHAIR RADEMACHER: Right. 16 MR. OGLE: And we are going to argue it with them. 17 COMMISSIONER KIRKMEYER: Okay. 18 MR. OGLE: That's takes the onus off of staff, which is a limited resource, which 19 shouldn't be spent fighting that and lets us bring the issue and, and arguments, argue it 20 ourselves. 21 COMMISSIONER KIRKMEYER: Exactly. 22 MR. OGLE: I, I'm more than comfortable with that because... 39 1 COMMISSIONER KIRKMEYER: We're just saying circle back with staff and let's 2 make sure that everything's cleaned up before we release bonds. 3 CHAIR RADEMACHER: Okay, do you have any other changes? 4 COMMISSIONER KIRKMEYER: That's all I have. 5 COMMISSIONER CONWAY: Really? 6 CHAIR RADEMACHER: I had my pages circled too. 7 COMMISSIONER KIRKMEYER: [inaudible] also has it. 8 CHAIR RADEMACHER: So Kim, do you have all those changes that? 9 COMMISSIONER CONWAY: (Laughs.) I'm sure the applicant's been taking notes. 10 CHAIR RADEMACHER: Okay. 11 MR. OGLE: And so, on page 5, number C, "the applicant shall demonstrate that 12 the operation has an adequate water supply appropriate permitted for the use." 13 COMMISSIONER KIRKMEYER: Perfect. 14 CHAIR RADEMACHER: Yeah. 15 COMMISSIONER CONWAY: Oh, excellent with that. 16 CHAIR RADEMACHER: Okay? 17 MR. OGLE: Item #F, page 5, "The applicant shall demonstrate that they have an 18 adequate access to the mine." 19 COMMISSIONER KIRKMEYER: Perfect. 20 CHAIR RADEMACHER: Good. 21 MR. OGLE: Uhm, we did L, uhm, M, "The applicant will enter into an Off-site 22 Improvements and Road Maintenance Agreement". 40 1 CHAIR RADEMACHER: Good. Okay. 2 MR. OGLE: Uh, 4A. 3 CHAIR RADEMACHER: Oh, I have, I had "Prior to construction, the building and 4 electrical permit may be required," instead of "will be required," cause it depends on the 5 building, correct? If it's a (clears throat) Ag[gricultural] building you don't have it, or do you 6 have it inspected by the electrical. 7 MR. OGLE: No. So we'll take out "will", uh, put in "may". 8 CHAIR RADEMACHER: May. 9 MR. OGLE: Be required? 10 COMMISSIONER KIRKMEYER: At 2.C. 11 CHAIR RADEMACHER: Make sure I'm...you were on page? 12 COMMISSIONER KIRKMEYER: You're on, you're at 2.C. 13 CHAIR RADEMACHER: On page 8. 14 MR. OGLE: And it's page 8, 2.C? 15 CHAIR RADEMACHER: Yes. 16 COMMISSIONER KIRKMEYER: Okay. 17 CHAIR RADEMACHER: Okay. Commissioners? 18 COMMISSIONERS: Yeah. We're good. 19 MR. OGLE: And, uh, 4.A, "Prior to the release of the Performance Bond, the 20 applicant shall meet with Planning Department staff to discuss any outstanding issues." 21 CHAIR RADEMACHER: Yes. 22 MR. OGLE: Okay. 41 1 CHAIR RADEMACHER: Now we're to Development Standards, correct? 2 MR. OGLE: Right. 3 CHAIR RADEMACHER: Right. 4 MR. OGLE: So then, uhm, Development Standard number 22? Was stricken. 5 CHAIR RADEMACHER: Right. 6 MR. OGLE: Correct. 7 MR. OGLE: Development Standard number 24 was stricken. 8 COMMISSIONER KIRKMEYER: Actually 24, 29 and 31 are consolidated. So that 9 we get... 10 MR. OGLE: "The consolidation of the historical patterns and runoff amounts will 11 be maintained onsite." 12 COMMISSIONER KIRKMEYER: Perfect. 13 CHAIR RADEMACHER: Right. Yep. 14 MR. OGLE: So... 15 CHAIR RADEMACHER: So 28 was rewritten to have 18 employees. 16 MR. OGLE: 28 has 18 persons per shift [inaudible]. 17 CHAIR RADEMACHER: Okay. 18 MR. OGLE: 31 was stricken. 33 was stricken. 19 CHAIR RADEMACHER: Right. 20 MR. OGLE: 24 was stricken? 21 CHAIR RADEMACHER: And that's all I have. 22 COMMISSIONER KIRKMEYER: And... 42 1 CHAIR RADEMACHER: Commissioners, do you have anything else? 2 COMMISSIONER KIRKMEYER: Did we make? 3 COMMISSIONER KIRKMEYER: Yeah. I think we adequately covered the 4 Development Standards and then on the Conditions of Approval, uh, LB was stricken. 5 CHAIR RADEMACHER: Right. 6 COMMISSIONER KIRKMEYER: The sentence on 1.D, the last sentence on 1.D was 7 stricken. 8 CHAIR RADEMACHER: C was stricken. 9 COMMISSIONER KIRKMEYER: Uh, 1, yeah, 1C we had the language changed that 10 he already identified. 1.E was stricken. Uh, 1.H was sticken. The language changes on L and 11 on M, that Kim already identified, two more identified. Language change on 2.C that was 12 already identified, and that's it, and then renumber. 13 CHAIR RADEMACHER: Right. Okay. Garrett, you were here for all this fun. Do 14 you agree to abide by the conditions? 15 GARRETT VARRA: We do. Did we, did we get this one, Kim? Uh, we change 16 anything on this one for the [inaudible] (probably regarding the LOMAR) 17 CHAIR RADEMACHER: We struck it. 18 GARRETT VARRA: That's fine by me. 19 CHAIR RADEMACHER: Fine by you? 20 GARRETT VARRA: I appreciate the, uh, stance that the Board has taken on these 21 items. 22 CHAIR RADEMACHER: So yes? 43 1 GARRETT VARRA: Yes. 2 CHAIR RADEMACHER: I'll bring it back to the Board. 3 COMMISSIONER KIRKMEYER: Mr. Chairman, I would move that we approve Site 4 Specific Development Plan and Use by Special Review Permit USR14-0023 for Mineral Resource 5 Development including Open Pit Mining of sands, gravel and stones and materials processing 6 including concrete or asphalt batch plants and/or recycling operations in the A (Agricultural) 7 Zone District, uhm, with the change as well in the, uh, applicant to be Varra Companies, Inc., 8 with the Conditions of Approval and Development Standards as amended herein today and 9 agreed upon by the applicant. 10 COMMISSIONER CONWAY: Second. 11 CHAIR RADEMACHER: Motion to approve by Commissioner Kirkmeyer. Second 12 by Commissioner Conway. Any further discussion? 13 COMMISSIONER KIRKMEYER: I have a comment. 14 MR. OGLE: Commissioner Rademacher? 15 CHAIR RADEMACHER: Go ahead. 16 COMMISSIONER CONWAY: She's the maker of the motion. 17 CHAIR RADEMACHER: Okay, Commissioner Kirkmeyer, go ahead. 18 COMMISSIONER KIRKMEYER: Did... 19 CHAIR RADEMACHER: Go ahead. 20 MR. OGLE: There are two zone districts out there. There's the Agricultural Zone 21 and there's Industrial 3. The Industrial 3 was dropped from the notice. The legal description is 44 1 correct. I talked to, uh, Mr. Barker and he said that that would be okay. We just need to note it 2 in the recommendation. 3 COMMISSIONER KIRKMEYER: Okay, so we just need to note or do we need to 4 change the Resolution and add that in? 5 MR. OGLE: We need to add it in to the Resolution, Agriculture and Industrial. 6 COMMISSIONER KIRKMEYER: And/or recycling operations and the 7 A (Agricultural) zone district and in the... 8 MR. OGLE: Industrial 3. 9 COMMISSIONER KIRKMEYER: ...I-3 Industrial Zone District? 10 MR. OGLE: Correct. 11 COMMISSIONER KIRKMEYER: I would include that in my Motion then to amend 12 that in. 13 CHAIR RADEMACHER: Ok. Second? 14 COMMISSIONER CONWAY: Yes. 15 CHAIR RADEMACHER: Commissioner, uhm, Kirkmeyer for approval within 16 amended changes. Seconded by Commissioner Conway. 17 COMMISSIONER CONWAY: Correct. 18 CHAIR RADEMACHER: We're done, all in favor? 19 COMMISSIONER KIRKMEYER: I, I could just want to make a comment because, 20 uhm, first of all, I do appreciate the, uh, neighbor coming in and making comments and didn't 21 want her to think that we were dismissing her comments because we did (not). I think it's 22 important to understand that, uhm, there is a lot of permitting and requirements on gravel 45 1 mining and asphalt batch plants in the State of Colorado and probably everywhere, but I know 2 definitely within the State of Colorado, so with regard to her, her comments about air quality 3 safety, noise, uhm, you know, and I read through your letter and read through the comments at 4 the Planning Commission. Uhm, those are addressed by permits that require an Air Pollution 5 Emissions Permit, there's Lighting Plans, there's Signage Plans, there's uhm, the CLOMR from 6 FEMA, there's LOMARs, OMARs (joke) and everything else that's required in here and as you go 7 through this, there is no less than one, uhm, two, three, four, five, six, seven Conditions of 8 Approval that have several, uh, other conditions attached to those, so it's like, under Item 1 9 there's a, an additional, I don't know, almost 20 requirements. Under Item 2, there's an 10 additional three requirements and so forth and then we have no less than basically about 40 11 Development Standards, so I think, you know, we try to address all of your concerns and what 12 you have demonstrated as probably being negative impacts to you and your property, uh, 13 through all of these Conditions and Development Standards, so you know, I, I was, I feel 14 confident that we are minimizing, or at least, uhm, definitely addressing what could be 15 perceived or even real negative impacts from this operation, so therefore, in accordance with 16 our Code, which is in accordance with State Statute. I will be supporting the application. 17 CHAIR RADEMACHER: Commissioner Conway? 18 COMMISSIONER CONWAY: Quickly, uhm, you know, a lot of what we deal with 19 here are neighbor-to-neighbor issues. Uhm, I can personally attest, uhm, I know firsthand 20 Mr. Varra is, walks the walk. He just doesn't talk the talk. I would get together with him 21 afterwards and I know Mr. Varra will be glad to be available as this, uh, evolves in making sure 22 that as many of those trucks go north, so they're not impacting you, making sure that if it's a 46 1 windy day and some things are going on down there, the two of you can mitigate that. I think 2 the fact that on the blue lines there, he's going to probably, uh, create a, a buffer zone, as such, 3 a visual zone. Uh, but please, if issues comes up, I know Mr. Varra wants to know about it. He 4 wants to be a good neighbor. He's demonstrated that consistently throughout the County in 5 terms of the operations that Varra and Company operates, but I think from your standpoint, I 6 think that it's really important for you to get to know him and him to be in touch with you. I 7 know he's a man of his word and I would just encourage, when issues will arise; they just 8 invariably will and so you have somebody to talk to to get those, those issues resolved, 'cause I 9 know he will, he will do that. So I just wanted to encourage you after the hearing here today to, 10 if you don't have his card, if you don't have his number, I know he'll make himself available to 11 answer any issues as this moves forward in terms of that, so I just wanted to encourage you. I 12 would concur with Commissioner, uh, Kirkmeyer that there are a whole set of rules and 13 regulations to deal with all of these issues and as Mr. Varra says, if they don't comply, they will 14 hear from those governing entities, state and federal, uhm, and, and local if they're not 15 meeting the terms and conditions of this USR. Thank you, Mr. Chair. And thank you for coming 16 today. We appreciate it. 17 CHAIR RADEMACHER: Any other comment? I agree with all my fellow 18 Commissioners comments. I do agree. Fellow Commissioners? Any further questions? All in 19 favor? 20 ALL COMMISSIONERS: Aye. 21 CHAIR RADEMACHER: Opposed. Carried. No further business. We are 22 adjourned. 47 1 [End of discussion/action on Use by Special Review Permit, USR14-0023, for a Mineral Resource 2 Development, including open pit mining (sands, gravels and stones) and materials processing, including 3 concrete or asphalt batch plants and/or recycling operations in the A (Agricultural) Zone District—Varra 4 Companies, Inc., during 10:00 am Public Hearing.] 5 48 1 CERTIFICATE 2 3 STATE OF COLORADO) 4 ) ss 5 COUNTY OF WELD ) 6 7 I, Esther E. Gesick, Clerk to the Board and notary public within and for the State 8 of Colorado, certify the foregoing transcript of the digitally recorded proceedings, In Re: Use by 9 Special Review Permit, USR14-0023, for a Mineral Resource Development, including open pit 10 mining (sands, gravels and stones) and materials processing, including concrete or asphalt 11 batch plants and/or recycling operations in the A (Agricultural) Zone District—Varra Companies, 12 Inc., before the Weld County Board of County Commissioners, October 29, 2014, and as further 13 set forth on page one. The transcription, dependent upon recording clarity, is true and accurate 14 with special exceptions(s) of any or all precise identification of speakers, and/or correct spelling 15 or any given/spoken proper name or acronym. 16 Dated this 5th day of December, 2014. 17 W,^11:110 / GG 18 Esther E. Gesick, Notary 19 ESTHER E. csic ; ORIGINAL ( ) NOTARY` C:'.;aj':47; 20 STATE O3 CCitC, i 0 CERTIFIED COPY �Q NOTARY ID 1 97 O MY COMMISSIO=N E:PikS SciT. 29, 2017 21 49 1 INVOICE 2 (Recording/Transcribing) 3 4 WELD COUNTY CLERK TO THE BOARD 5 c/o Esther Gesick, Clerk to the Board 6 1150 O Street, Greeley, Colorado 80631 7 (970) 336-7215 X4226 (970) 336-7233 (fax) 8 egesick@weldgov.com 9 10 Date: December 5, 2014 11 12 RE: Transcript of 10/29/2014 Public Meeting concerning Use by Special 13 Review Permit, USR14-0023, for a Mineral Resource Development, including open pit mining 14 (sands, gravels and stones) and materials processing, including concrete or asphalt batch plants 15 and/or recycling operations in the A (Agricultural) Zone District—Varra Companies, Inc. 16 5 hours of staff time 17 @ $60.00 per hour - - $300.00 18 47 pgs. @4.00 - - - - - - - $188.00 19 TOTAL, due on receipt, please - - - - $488.00 50 VARRA COMPANIES, INC. 38399 12/5/2014 120514 10/29/14 Transcript Use by Special Revie 488.00 0.00 488.00 RECEIVED DEC 15 2g14 WELD COUNTY COMMISSIONERS Check: 038399 12/10/2014 WEL07 Weld County Clerk to the Board 488.00 Esther Gesick From: Esther Gesick Sent: Friday, December 05, 2014 2:42 PM To: Grace Prebarich Cc: GCVARRAVCI; Bradford Janes; Esther Gesick; Kim Ogle; Brad Yatabe Subject: RE: USR14-0023, Transcript Request Attachments: TRBOCC102914_Varra Companies- Invoice.pdf; HE14-73B_exppdf.pdf Hello Grace, Per Brad Janes' instructions below, the Transcript Invoice is attached. Please mail the payment to my attention at the address below. Upon receipt I will mail a printed original of the Transcript and send digital copies. In the interim,the summary minutes with embedded audio is attached. Esther E. Geskk Clerk to the Board 1150 O Street 1P.O. Box 758/Greeley, CO 80632 tel. (970)336-7215 X4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bradford Janes [mailto:bljforester@msn.com] Sent: Monday, December 01, 2014 10:03 AM To: Esther Gesick Cc: GCVARRAVCI; Grace Prebarich Subject: RE: USR14-0023, Transcript Request Thanks, Esther. You are such a pro. Thanks for taking care of us. Please send the statement when it's ready to Grace Prebarich (our accounts payables) and copy Garrett, and they will administer it for you in a timely manner I have no doubt. Wishing you all the best in the Season ahead. Merry Christmas. Brad. From: egesick@co.weld.co.us To: bliforester@msn.com CC:gcvarravci@aol.com; gprebarich@varracompanies.com; egesick@co.weld.co.us Date: Mon, 1 Dec 2014 08:45:02 -0700 Subject: RE: USR14-0023, Transcript Request Good Morning Brad, I just wanted to give you a quick status update. I sent an email to my Transcriber with the intensions of outsourcing this project due to time constraints within my office. However, after not hearing back from her I gave her a call and found all her phone numbers to be disconnected and I'm assuming she never received the email either. So,going back to the drawing board I decided to go ahead and tackle this in-house. A Deputy Clerk has completed the transcript and I just need to listen through and make any minor corrections before certifying it as an accurate document. I'll send the invoice in the next couple of days, and upon payment I'll deliver the various forms of copies as requested below. Thanks for your patience and my apologies for the unexpected delay. Regards, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758'Greeley, CO 80632 tel: (970)336-7215 X4226 It/ `0! Fr: 1 it Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bradford Janes [mailto:bljforester©msn.com] Sent: Monday, November 03, 2014 9:16 AM To: Esther Gesick Cc: GCVARRAVCI; Grace Prebarich Subject: RE: USR14-0023 Thanks so much for getting back to me Esther. I don't see how you manage to keep pace with it all, so truly, thanks for the ready reply... Please do perform the word-for-word transcript for our item only (Varra-Coulson Resource Project Commissioner's Hearing), and we would also welcome the shell document, audio, and summary minutes. Costs will be paid by Varra Companies, Inc. for the word-for-word transcripts for our item only, please. The invoice can be sent to Grace Prebarich, Accounts Receivable. Digital copies can be sent to both Garrett and myself at the e-Mail address included with this correspondence. Hard copies may be sent to our mailing address: Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 (303) 666-6657 If you need clarification or additional information, please don't hesitate to contact me. Thanks Esther. Best regards for the Season ahead. Brad. From: egesick@co.weld.co.us To: bliforester@msn.com CC: gcvarravci@aol.com Date: Fri, 31 Oct 2014 17:27:46 -0600 Subject: RE: USR14-0023 Hello Brad, The attending Clerk is currently working on finalizing the minutes from a lengthy hearing on Monday and then will be starting the minutes from Wednesday. I can send you a shell document that contains just the speakers and audio in the 2 interim while the minutes are being completed. When you say"transcript"—are you wanting a formal word-for-word transcript or just our summary minutes? There will be a significant difference on time and cost depending on your answer. Esther E. Gesick Clerk to the Board 1150 O Street!13.O, Box 758/Greeley, CO 80632 tel: (970)336-7215 X4226 ti � 1- � P Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bradford Janes [mailto:bljforester©msn.com] Sent: Thursday, October 30, 2014 3:36 PM To: Esther Gesick Cc: GCVARRAVCI Subject: USR14-0023 Esther Gesick Clerk to the Board/Office Manager 1150 O Street - Administration Building P.O. Box 758 Greeley, CO 80632 Good Afternoon Esther. We are interested in obtaining a copy of the recording and transcript of the Weld County Commissioner hearing for our USR14-023; Varra-Coulson Resource Project- Varra Companies, Inc.; heard this last Wednesday 29 October 2014. Would you be able to affirm if this is possible? If so, are you able to give us some idea as to the estimated cost, time-frame, and what you might require from us in advance of that work? Please feel free to contact me directly at the telephone number below, or reply to this message. Thank-you for your time and assistance. Kind regards, Varra Companies, Inc. Bradford Janes, Forester Liaison, Office of Special Projects bliforester@msn.com desk: 970-353-8310 3 Hello