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Varra Companies, Inc. <br />Office of Special Projects <br />8120 Gage Street Frederick. Colorado 80516 Telephone (970) 353-8310 Fax(970)353-4047 <br />such as roads, or where underground utilities and necessary setbacks or other <br />ambiguities may lie; if that satisfies the concerns of the OMLR. <br />6.4.7 Exhibit G - Water Information <br />6. The Applicant has stated a Technical Revision may be submitted to allow <br />for the lining of the pits. The Division considers lined pits to be a developed <br />water resource, which would constitute a significant change from the proposed <br />post-mining land use of industrial/commercial and would require an Amendment <br />rather than a Technical Revision. <br />The creation of basins within a permit boundary will not in general consume the <br />entire permit or above water elements of extraction activities. It is consistent <br />with the Uses allowed by County governments that developed water resources <br />may occur under Agricultural, Industrial, or Commercial spaces. Yet the Regular <br />Impact Permit form only provides for the selection of one Use. <br />It is our understanding that the selection should not restrict the establishment of <br />developing the location in a manner that elevates the land to the highest level of <br />Use attainable under its diverse parts. It would appear logical that if the entire <br />permit area cannot be put into a basin that above ground portions will form an <br />alternative, and hence, multiple, Use. To narrow the range of acceptable uses <br />within the framework of acceptable reason and purpose is unnaturally <br />constrained and at odds with the purposes of reclamation. <br />The current understanding of the OMLR, appears to place the operator in a <br />Catch 22, whereby the above ground portions of the permit will be at odds with <br />the completed basin. If necessary, the applicant will provide a change in the Use <br />requested by the OMLR to that of `Developed Water Resources,' with the <br />understanding that all above water portions of the reclaimed permit area will <br />revert to the existing Industrial/Commercial designations of Weld County, <br />Colorado without impeding the diverse potential Use of the contained waters. <br />Varra Companies, Inc. correspondence of 23 February 2011 to the Colorado Office of Mined Land Reclamation 4 <br />(OMLR) in reply to OMLR correspondence of 4 October 2010 - Western Sugar Reclamation Land <br />Development Project- M-2010-049.