2015-11-07_REVISION - M2010049

• Permit No: M2010049
• IBM Index Class Name: REVISION
• Doc Date: 11/7/2015
• Doc Name: Application AM01
• From: Varra Companies, Inc.
• To: DRMS
• Type & Sequence: AM1
• Email Name: PSH
• Email Name: WHE
• Media Type: D
• Archive: No

Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick,CO 80516 Telephone[phone] Fax[phone]
The original determination of the Office ignored several references within the original
permit and attending adequacy reviewstatements that clearly specify Developed Water
Resources as part of the mixed use reclamation planned for the site. Further, we had
established a practice of submitting Technical Revisions for matters of this kind, as the
Applicant has sufficient waters to reclaim these basins in either a lined or an unlined
state, and provided the necessary assurances of committed water resources sufficient
to support this statement. This condition of abundant water resources, places the
Applicant in a situation unique in this industry, and affords us flexibility from which
considerations by Technical Revision were considered sufficient prior to this
circumstance and opinion of the Office.
Regardless, in light of that decision, we have closely examined the statements made in
the original permit and attending adequacy review letters that lead us to believe the
decision on the part of the Office to deny our Technical Revision ignored the stated
intent of the original permit. Furthermore, that decision did injury and harm both to the
contract, which is the permit, and to the Applicant who is party to that contract. So
while the Amendment is now in the hands of the Office, the circumstances attending to
the evidence and facts of the permit up to that time should be set forth to benchmark
the matter. as follows:
Taken from page 1 of the OMLR 'Lined Pit Guide — September 2000:'
INTRODUCTION
It has become a common practice to reclaim gravel pits to a developed water
resource land use through the installation of clay pit liners or slurry walls. The
purpose of these installations is to isolate the constructed water storage reservoir
from the surrounding ground water system.
Please Note: Nothing in the guidelines requires the designation of`Developed Water
Resource land use to be either 'Primary' or the 'Singular' use designation.
Taken from page 13 of the OMLR'Lined Pit Guide — September 2000:'
PERMITTING OPTIONS
Frequently, the process of permitting a gravel pit and lined reservoir project
precedes the design phase making it difficult and costly to prepare and application
that will qualify for the regulated construction option and the reduced bond
amount. The following list describes permitting mechanisms that may be
employed to allow application approval prior to design and specification
preparation and preserve the option to post the reduced bond amount available
under the regulated construction option.
Varra Companies, Inc. Western Sugar Land Development Project 2
OMLR Permit #: M-2010-049 Amendment 7 December 2015