2009-06-30_PERMIT FILE - M2009018 ‎(8)‎

• Permit No: M2009018
• IBM Index Class Name: PERMIT FILE
• Doc Date: 6/30/2009
• Doc Name: Reply to Preliminary Adequacy Review
• From: Varra Companies, Inc.
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone [phone] Fax[phone]
such reasonable assurance shall be submitted. Please provide the Division with a Weld County
zoning map, which demonstrates that the proposed post-mining land uses are allowed.
The reference rule reads:
`In those instances where the post-mining land uses is for industrial,
residential, or commercial purposes and such use is not reasonably assured, a
plan for revegetation shall be submitted.
The `reasonable assurance' portion of the regulations is if we have specific plans that would
preclude the need for revegetation of affect lands. The application will treat the affected lands as
agricultural until the mixed use potential develops as anticipated over the next thirty years, and
includes plans for revegetation of all affected lands. The application states on page 3 of Exhibit
E - Reclamation Plan:
`All affected 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.'
The potential of mixed use is to prevent changes in the demographics of the area from limiting
post mine end use potentials. Uses are projected and anticipated for a location 25-30 years later.
We anticipate increased urbanization and a highly mixed use for the location. Preliminary
discussion with the Town of Firestone concurs with this designation, yet the specification of
discrete uses beyond the present agricultural designation probably confuse the approach to treat
the site for purposes of current use and reclamation as distinctly agricultural, as provided for in
the reference above.
It should be noted however, that Weld County Land Use is not the final or only source for
determining `use.' The Colorado Water Courts have jurisdiction for the determination of the
`use' of water, exclusively. At this time, any waters held in the planned reservoirs are presently
designated for agriculture, industrial and piscatorial uses.
Since exposed groundwaters inundate the underlying land surface, they do not affect warranty
considerations, but do serve to justify our consideration for a broader mix of uses as part of the
overall intent of post permit development. The reclamation as determined under this submittal
provides a `foundation' for those anticipated uses. The intent of a mixed use designation is to
prevent future viable end uses from being rejected by stating an unrealistic limit to those
potentials at the on-set of permitting.
Finally, an editing error was found under Exhibit E that is inconsistent with the intent of the
application and the correct timeframe for extraction and reclamation of 25 + 5 years or a total
anticipated life of the mine of 30 years, as indicated in Exhibit D and the required public notice.
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 12
(Office) in reply to Office correspondence of 12 May 2009 - Heintzelman Project - M2009-018.