The URL can be used to link to this page

Browse Search

Home My WebLink About20120118 EXHIBIT DEPARTMENT OF PLANNING SERVICES 1n O 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: RECEIPT#/AMOUNT# /$ 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 Gravel_ (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description Northeast 114 , Section n, Township 8 North, Range 66 West Flood Plain: None Zone District: Aqq ,Total Acreage: 40.02 , Overlay District: zone Geological Hazard: None ,Airport Overlay District: None 2. Surface owner(s)of area of land described Name: Miller Family Investments Address: 10614 HWY 66 Phone: 970-369-1687 Name: Address: Phone: . 3. Owner(s)of mineral rights or substance to be mined Name: Miller Family Investments Address: 10614 HWY 66 Phone: 970-369-1687 Name: Address: Phone: 4. Applicants name: Miller Family Investments, Brady MillerEmail Address beth.millerhfieskybeam.com Address: 10614 HWY 66 Platteville, CO 80631 Phone: 9io-'°6 X68" 5. Identify any prior permits for mining held by applicant or affiliated person: 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 corporation- A- Signature: Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date Ben Langenfeld, EIT _X GREG LEWICKI Project Engineer AND ASSOCIATES, PLLC office: (720) 842-5321 • Complete Services in: Engineering, Environmental, Mining, bentta7lewicki.biz Geology,Surveying, Land Development and Restoration GREG LEWICKI,P.E. Office(3031-346-5196 11541 Warrington Court Cell 13031-229-9692 2012-0118 Parker,CO 80138 Fax(3031-346-6934 www.lewickl.biv e-mail:greg4blewickl.biz • Lone Tree Pit Use by Special Review Weld County Colorado Miller Family Investments, LLC July 2011 • PREPARED BY: X..._ Greg Lewicki And Associates 11541 Warrington Court Phone(303)346-5196 Fax:(303)-346-6934 Parker,Co USA 80138 E-Mail:info(ii lewicki.bir • LONE TREE PIT PERMIT REGULAR 112 OPERATION TABLE OF CONTENTS INTRODUCTION EXHIBIT i APPLICATION FORM AND FEE EXHIBIT A FULL SIZED MAPS EXHIBIT B REDUCED MAPS EXHIBIT C SPECIAL REVIEW USE QUESTIONAIRE EXHIBIT D WELD COUNTY ROAD ACCESS INFORMATION SHEET EXHIBIT E WATER INFORMATION EXHIBIT F PROPERTY DEED EXHIBIT G DRMS PERMIT EXHIBIT H PROPERTY OWNERS WITHIN 500 FEET EXHIBIT I PRELIMINARY DRAINAGE REPORT EXHIBIT J PRELIMINARY TRAFFIC REPORT EXHIBIT K WASTE HANDLING PLAN EXHIBIT L DUST ADATEMENT PLAN EXHIBIT M Lone Tree Pit, July 2011 • INTRODUCTION The proposed Lone Tree Pit is located approximately 3.5 miles northeast of Pierce in Weld County, Colorado. The site is bordered by dry land farming on the east, south and west. To the north is a gravel pit operated by Weld County Public Works and to the southeast is an exhausted gravel pit in the reclamation stage which is also operated by Weld County. The subject parcel is 055312000009 and is located in the northeast quarter of Section 12, Township 8 North, Range 66 West of the 6th Principal Meridian. The topography for the site slopes to the Lone Tree Creek which runs from north to south through the site. This creek is dammed in several places upstream and rarely sees any flow. All mining will be conducted above the ground water table. The operation will mine sand, gravel and clay from an alluvial deposit of Lone Tree Creek up to a depth of 20 feet for the production of road base. The estimated production for the site is 150,000 tons per year. • Of the total permit area of 40.02 acres, approximately 8.74 acres has historically been mined for road base. The approximate outline of the previous disturbance is shown on Map C-1. The previously disturbed area will be graded to a maximum slope of 3H:1V and the pit floor will be graded to match the rest of the mined out pit. There was no topsoil salvaged from the previous operator. All existing trees will remain in place after mining and reclamation. The permittee and landowner for this site is Miller Family Investments. The site will be reclaimed to a land use of rangeland which is the current land use. The topography of the reclaimed land is shown on Map F. • Lone Tree Pit, July 2011 i-1 • APPLICATION FORM AND FEE EXHIBIT A • • Lone Tree Pit, July 2011 A-1 SPECIAL REVIEW USE QUESTIONAIRE EXHIBIT D 1. Operation Description a. The following list is the best estimate of the equipment that will be on site through out mining. • Crushing and Screening Plant • Trailer Mounted Office • Truck Scale • 2 Front End Loaders 980 size or smaller • 0-2 Off Road Dump Trucks • Part Time Water Truck (As needed) • Topsoil Equipment (Scrapers, Graders) • Temporary Fuel Tank b. The site will only be operated from 6:30 a.m. to 7:00 p.m. The first and last half hour • will be used for equipment warm up and shut down. The number of employees on site will range from 0-8. c. This site will not intercept groundwater therefore it is a dry pit. d. The site will access CR 37. The access point to the site is shown on Map C-2. e. The size of each mining area is shown in Table D-1. The location of each mining area is shown on Map C-2. Table D-1 Mining Area Material Table Mining Area Acreage Topsoil (C.Y.) Overburden(C.Y.) Gravel (tons) Mining Area 1 12.04 5,827 38,849 495,326 Mining Area 2 13.02 6,302 42,011 535,643 Mining Area 3 5.60 903 9,035 108,416 Total 30.66 13,033 89,895 1,139,384 • Lone Tree Pit, July 2011 D-1 • f. Table D-2 shows the length of time estimated to mine and reclaim each mining area. This estimate is based on mining 150,000 tons per year but actual sales are dependent on demand. Table D-2 Lone Tree Pit Mining Sequence Production per Length of time to Year Comments year(tons) complete(months) 2010 - Site Preparation,Topsoil shipping,build stockpiles along the CR 37. 2 2010- Mine in Mining Area I,stockpile topsoil. Seed the stockpiles. Place 2014 150,000 any excess overburden on the areas hisoricaly mined in Mining Area 39.6 3. Mine in Mining Area 2. Directly place overburden and topsoil from 2014- 120,000 Mining Area 2 on the pit for and slopes of Mining Area 1 in areas 42.8 2018 that won't be used for processing and finished product stockpiles. Seed topsoiled areas. 2018- Mine in Mining Area 3,Strip topsoil and place it in Mining area 2, 2019 120,000 place the overburden encountered on the pit floor. Seed topsoiled 10.8 areas. 2019 _ Remove all equipment. Place topsoil from stockpiles on any 2.0 remaining areas. Seed and much. • Total 97.2 g. The gravel thickness to be mined is approximately 8-20 feet. Below the sand and gravel is shale. This shale is approximately 28 feet below the natural surface and will not be encountered anywhere within the mining area. Mining will stop no less than 2 feet above the static ground water level. The overburden that is encountered will be used to make road base (needs up to 15%minus 200 mesh material) as well as put back before the topsoil as a subsoil for plant growth and to enhance water availability in the topsoil. The thickness of overburden ranges from 0-3 feet. h. The total area of the permit is 40.02 acres. The permit has both disturbed area(35.91 acres) and undisturbed area(4.11 acres). The eastern portion of the access road is to be left in place for access to the reclaimed site. The reclaimed land use is shown in Table E-1. There are Cottonwood trees located in the previously excavated areas and will not be disturbed as part of mining or reclamation. Since the mining depth will • Lone Tree Pit, July 2011 D-2 • stop 2 feet above the static groundwater level and overburden and topsoil will be replaced on top of the pit floor, no groundwater will be exposed after reclamation. Table E-1 Lone Tree Pit Reclamation Land Use Land Use Area (acresL Undisturbed Cottonwood Gallary 4.11 Access Road 0.2 Reclaimed Rangeland 35.71 Total 40.02 Reclamation will be conducted as new areas are disturbed throughout the year. This will most likely happen in small increments a few times per year, with topsoil and overburden being placed in the previously excavated areas of the pit. See Map F for details. This will also help reduce the exposed land area which will reduce the reclamation bond. Overburden is expected to vary between 0 feet-3 feet. Excess overburden not used in road base will be used for subsoil. The amount of topsoil proposed to be salvaged and replaced is approximately 13,000 C.Y. as • shown in Table D-1. All of the areas will receive topsoil replaced to a thickness of 2-6 inches. Portions of all mining areas will receive some topsoil from stockpiles. All other replaced topsoil will come from direct placement from surrounding mining areas. The areas being reclaimed will be harrowed and drill seeded in the spring and fall with a mix consisting of the following in order to control erosion: Rangeland Mix Cultivar lbs. of PLS/Acre Buffalo Grass Texoka, Sharps Improved 3.5 Little Bluestem 2.5 Side Oats Vaughn, Butte, El Reno, Haskell 2.0 Blue Gramma Hachital, Lovington 3.5 Sand Dropseed 0.5 Fairway Crested Wheatgrass Ephriam 0.8 Smooth Brome Achenbach 2.0 • Total 14.8 lbs/acre Lone Tree Pit, July 2011 D-3 • i. Greg Lewicki and Associates have permitted many gravel open pit mining operations in Colorado. The reclamation plan has been approved by the Division of Reclamation Mining and Safety because it meets the minimum standards for mining operations. The site will be reclaimed to rangeland and the vegetation will prevent soil erosion. 2. The Lone Tree Pit is located within the agricultural district. Gravel extraction within agricultural zoning is allowed through the Use by Special Review Process. There is a currently operating gravel pit to directly adjacent to this site to the north. To the south there is an exhausted gravel pit which is owned and operated by Weld County. 3. Gravel extraction within agricultural zoning is allowed through the Use by Special Review Process. 4. The current site has historically been mined and not reclaimed. The current use of the land in vacant land. Through mining, the site will be graded to less than 3H:1V slopes with a flat • bottom. The topsoil will be salvaged and used to reclaim the land as rangeland. 5. The Colorado Department of Public Health and Environment will regulate this site and require permits for any discharges to Lone Tree Creek as well as dust emissions. Truck traffic entering and leaving this site will follow traffic laws which protect other drivers. 6. The surrounding land consists of dryland farming and gravel extraction. The Lone Tree Pit is compatible with surrounding uses. 7. The parcel of land where the Lone Tree Pit is proposed is currently not used, the land is vacant. There as two old livestock shelters and the site is fenced but has not been put to beneficial use in many years. • Lone Tree Pit, July 2011 D-4 • 8. Site Description a. During production periods and when the product is being hauled out of the site, approximately 15 people will visit the site. Some of the haul truck drivers will make several visits to the site depending on the sales for any day. b. The site will only be operated from 6:30 a.m. to 7:00 p.m. The first and last half hour will be used for equipment warm up and shut down c. No animals are planned on the site. d. During times on equipment mobilization, there will be semi trucks pulling lowboy trailers and will vary in weight. The haul trucks accessing the site have a capacity of 14 and 24 tons. The haul trucks will average approximately 50 trips per day. There will also be personal vehicles for the employees accessing the site. e. The site is located within the Nunn Fire Protection District. f. The water used for dust suppression will come from a construction tap located within the town of Pierce, CO. This water will be purchased from the North Weld County • Water Board and is approved for industrial use. g. There is no sewage disposal for the existing site since it is a vacant lot. Portable toilets will be located on site for the duration of the mining and reclamation period. A variance from the building code is required for long term portable toilet use. h. There will be product stockpiles located within Mining Area 1. Topsoil and overburden will be stockpiled along the perimeter of Mining Area 1 and 2. Fuel will be stored in a self contained tank of 500 gallons or less and will be removed as the crushing equipment is removed. i. Waste will not be generated or stored on site. Personal trash will be stored within the mobile office and will be removed from the site on an as needed basis by one of the employees ad disposed of in an approved way. j. There will be no landscape screening at this site. The temporary topsoil and overburden piles along the perimeter of the site will be seeded and supplemental irrigated to gain vegetative cover but will be removed during reclamation. k. The construction of the topsoil and overburden stockpiles will be conducted during • the mining of Mining Area 1 and will tanks up to 3 years to complete. Lone Tree Pit, July 2011 D-5 I. Reclamation will be conducted concurrently as areas have been mined out. The side • slopes are mined to the final slopes but miner grading will be needed. After completing the mining, the remaining areas to be reclaimed will receive topsoil from the stockpiles and any areas needing vegetation will be seeded with the reclamation seed mix. m. Stormwater encountered within the Lone Tree Pit will collect in the low point in Mining Area 1 and will infiltrate. During a large event where Lone Tree Creek has flow, the depression left by mining will collect sediment and allow clear water to progress down Lone Tree Creek. This is not likely to happen during the life of the mine since there are several dams upstream of this site and the short life of the mine. Discharges from the site will be monitored as required through the discharge permit to be issued from CDPHE. n. This site does not currently have waste on it. Only functional necessary equipment bill be brought to the site. The crushing operation will rotate to this site from other site in the state on an as needed basis but is expected to be 3-5 months per year. A • loader will be located on site a vast majority of the mine life but will be removed after reclamation. Personal trash will be removed from the site on an as needed basis but is expected to be no less frequently than weekly. o. The Lone Tree Pit is needed to supply the growing need for construction materials of private access roads to oil and gas wells. The gravel pits in the area are either County owned and can't sell to the public or are only permitted to a small production and can't fulfill the local demand. 9. The Lone Tree Pit is not located within a FEMA-designated floodplain. The Lone Tree Pit is not located within the Weld County Airport district. The Lone Tree Pit is not located within a geologic hazard area. • Lone Tree Pit, July 2011 D-6 . WELD COUNTY ROAD ACCESS INFORMATION SHEET EXHIBIT E WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 1111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970)304-8497 Road File#: Date: RE#: f Other Case#: 1. Applicant Name Al 11/2r Pea;y .F nsCSf M1PJI I-� Phone 47O-785--7 SI RS- Address 106/4 Hwy 66 City//d ilAv/lie state Lr _zip. / 2. Addressor Location of Access MlesOL1M of L i..q{ ovt (11,37 Section IL Township AN Range 46 Subdivision Block Lot Weld County Road#: ti Side of Road Li Distance from nearest intersection!400 3. Is there an existing access to the property? Yes X No #of Accesses A 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural Industrial ❑ Temporary ❑ Subdivision 0 Commercial 0 Other 5. Site Sketch • Legend for Access Description: C G 14 AG = Agricultural RES = Residential O&G = Oil a Gas DR = Ditch Road AC S. O = House V O = Shed • it Existing Access A =Proposed Access Nfi I I OFFICE USE ONLY: Road ADT Dab Accidents Dale Road ADT Date Accidents Dale Drainage Requirement Culvert Size Length Special Conditions O Installation Authorized O Information Insufficient Reviewed By: Title: -1 1- S Lone Tree Pit, July 2011 E-1 WATER INFORMATION EXHIBIT F Map F shows the final contours of the reclaimed area as well as the final land use. 1. Surface Water General Discussion Within the permit area, the major surface drainage is Lone Tree Creek. Lone Tree Creek will not be diverted as part of the mining operation. Excavation will be conducted within the channel and will ultimately lower the invert of the swale within the mining area. During large events where surface water is flowing in Lone Tree Creek, the depression left by mining will fill with water and the excess flow will continue as it does currently. Lone Tree Creek is dammed several times up stream of the site and very rarely has any flow. Any water trapped in the depression will infiltrate into the groundwater table since the pit floor is very sandy. All processing equipment will be stored outside of the channel and will not be impacted by any flows. • 2. Hvdrolo¢v and Sediment Control for Mining Water that is encountered within the mining area will only be stormwater runoff. Groundwater will not be intercepted during mining. Runoff from off site will be allowed to enter the site as it does now but will enter a depression which will deposit sediment. All onsite stormwater will flow to the same depression left by mining. If the depression fills with water, the excess will flow through a 5' culvert under CR 37, as shown on Map C-2. This culvert will be the discharge point of the Stormwater Discharge Permit. Product stockpiles will be placed several feet above the invert of Lone Tree Creek. The access road will have a double cattle guard to help remove mud from the trucks tires, which will prevent tracking. • Lone Tree Pit, July 2011 F-1 • 3. Groundwater The test pits did not reach the groundwater table, but from well data surrounding the site, the expected groundwater depth is expected to be 20 feet—25 feet below the natural surface. The adjacent excavation on Weld County Engineering property did not intercept groundwater at an approximate excavation depth of 17 feet. The excavation will stop 2 feet above the static groundwater level and will then be covered with overburden and topsoil to further reduce the risk of impacting groundwater. Surface runoff will drain through the sandy material and become groundwater during mining and after reclamation. 4. Irrigation Water Initial vegetative cover may be initially irrigated with a water truck. The water for this irrigation will come from a fire hydrant within the town of Pierce. This water will be purchased from the North Weld County Water District. • 5. Water Consumption for the Operation The site is expected to use approximately 6,000 gallons of water from this fire hydrant each day during mining and processing operations for dust control. Additionally during days of heavy hauling from the site road watering may be required as part of the road maintenance agreement with Weld County. All water will be purchased from North Weld County Water District. If a non-potable water source if found and is approved for industrial use, the water supply source may change and the Division will be notified. • Lone Tree Pit, July 2011 F-2 • DRMS PERMIT EXHIBIT H • Lone Tree Pit, July 2011 H-1 • Lone Tree Pit 112 PERMIT APPLICATION TO THE COLORADO DIVISION OF RECLAMATION, MINING, AND SAFETY Miller Family Investments, LLC • June 2010 PREPARED BY: Greg Lewicki And Associates I1541 Warrington Court Phone(303)346-5196 Fax:(303)-346-6934 Parker,CO USA 80138 E Mail:iufo(alewicki.biz • LONE TREE PIT PERMIT REGULAR 112 OPERATION TABLE OF CONTENTS INTRODUCTION LEGAL DESCRIPTION EXHIBIT A INDEX MAP EXHIBIT B PRE-MINING AND MINING PLAN MAPS OF AFFECTED LANDS EXHIBIT C MINING PLAN EXHIBIT D RECLAMATION PLAN EXHIBIT E RECLAMATION PLAN MAP EXHIBIT F WATER INFORMATION EXHIBIT G WILDLIFE INFORMATION EXHIBIT H SOILS INFORMATION EXHIBIT I VEGETATION INFORMATION EXHIBIT J • CLIMATE INFORMATION EXHIBIT K RECLAMATION COSTS EXHIBIT L OTHER PERMITS AND LICENSES REQUIRED EXHIBIT M SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT N OWNERS OF AFFECTED LAND, OWNERS OF MINED SUBSTANCE EXHIBIT O MUNICIPALITIES WITHIN TWO MILES EXHIBIT P PROOF OF MAILING NOTICES TO COUNTY COMMISSIONERS & SOIL CONSERVATION DISTRICT EXHIBIT Q PROOF OF FILING WITH COUNTY CLERK EXHIBIT R PERMANENT MAN-MADE STRUCTURES EXHIBIT S RULE 1.6.2(1)(b) EXHIBIT T GEOTECHNICAL STABILITY EXHIBIT EXHIBIT U • Lone Tree Pit, June 2010 • INTRODUCTION The proposed Lone Tree Pit is located approximately 3.5 miles northeast of Pierce in Weld County, Colorado. The site is bordered by dry land farming on the east south and west. To the north is a gravel pit operated by Weld County Public Works and to the southeast is an exhausted gravel pit in the reclamation stage which is also operated by Weld County, The topography for the site slopes to the Lone Tree Creek which runs from north to south through the site. This creek is dammed in several places upstream and rarely sees any flow. All mining will be conducted above the ground water table. The operation will mine sand, gravel and clay from an alluvial deposit of Lone Tree Creek up to a depth of 20 feet for the production of road base. The estimated production for the site is 150,000 tons per year. Of the total permit area of 40.02 acres, approximately 8.74 acres has historically been mined for road base. The approximate outline of the previous disturbance is shown on Map C-1. The • previously disturbed area will be graded to a maximum slope of 3H:1V and the pit floor will be graded to match the rest of the mined out pit. There was no topsoil salvaged from the previous operator. All existing trees will remain in place after mining and reclamation. The permittee and landowner for this site is Miller Family Investments. The site will be reclaimed to a land use of rangeland which is the current land use. The topography of the reclaimed land is shown on Map F. • Lone Tree Pit, June 2010 i-1 • LEGAL DESCRIPTION EXHIBIT A The site is approximately 3.5 miles northeast of Pierce. A legal description of the permit boundary is shown on Map C-1 which is included in Appendix B. A general location map is enclosed as Map B-1 in Exhibit B. The total permit area is 40.02 acres. The access point to the Lone Tree Pit is at 40.67979 deg north and 104.71553 deg west. LEGAL DESCRIPTION A tract of land located within the northeast quarter of Section 12, Township 8 North, Range 66 West of the 6th Principal Meridian, Weld County, State of Colorado and being more particularly described as follows: Commencing at the northeast corner of said Section 12, thence S 45°02'55" W a distance of 42.39'; to the northeast corner of the permit boundary; • thence S 00°02'15" W a distance of 2541.42'; thence N 89°24'04" W a distance of 702.46'; thence N 00°44'23" E a distance of 2533.85'; thence N 89°57'45" E a distance of 671.37'; which is the point of beginning, having an area of 40.02 acres The permit area is owned by Miller Family Investments, LLC. The above described property is to be used for gravel source, roads, stockpiles and sales facilities. • Lone Tree Pit, June 2010 A-1 • INDEX MAP EXHIBIT B Map B-1, shown below, is an index map which shows the general location of the site. Lone Tree Pit, June 2010 B-1 Lone Tree Pit, June 2010 B-2 • PRE-MINING AND MINING PLAN MAPS OF AFFECTED LANDS EXHIBIT C Map C-1 shows the general pre-mine conditions of the site. Map C-2 shows the mining sequence through the end of mine life. • • Lone Tree Pit, June 2010 C-1 • MINING PLAN EXHIBIT D 1. General Mining Plan Of the 40.02 acres within the permit area, 30.66 acres will be mined. Of the mined area 8.74 acres has historically been partially disturbed. The old disturbance was pre-law and was never permitted. The access to the site will be directly from CR 37. The existing site access will be used to access the site for mining. See Map C-2 for the extents of mining. Table D-1 Mining Area Material Table Mining Area Acreage Topsoil (C.Y.) Overburden(C.Y.) Gravel (tons) Mining Area 1 12.04 5,827 38,849 495,326 Mining Area 2 13.02 6,302 42,011 535,643 Mining Area 3 5.60 903 9,035 108,416 Total 30.66 13,033 89,895 1,139,384 The material volumes described in Table D-1 are approximate but are based on test pits that were • dug on site. Note that the areas above only include mining areas. The corners of the mining areas will be staked as well as the permit corners. Additional areas within the pit that are not going to be mined are the stockpile areas, cottonwood gallery and 30' offset from the property line as a buffer. Table D-3 shows the distribution of the 40.02 acres within the permit area. Table D-2 Mining Area Distribution Table Undisturbed Cottonwood Gallary 4.11 Access Road 0.5 30' Buffer 4.75 Mining 30.66 Total 40.02 Topsoil will be stripped prior to mining each year. Overburden will be removed at the same time as the topsoil but will be handled separately. Topsoil will be stockpiled or directly replaced depending on the portion of the mining area being mined. It is likely that some overburden will not be stockpiled since it is used to make road base. If additional stockpiles are needed for the • operation, the division will be notified. Excess overburden will be placed in the historically Lone Tree Pit, June 2010 D-1 • mined area of Mining Area 3 as final reclamation and topsoil will later be placed on top of the overburden. If no excess overburden is encountered, then no overburden will be placed in Mining Area 3. It is the operators intent to finish mining the pre-law disturbance within Mining Area 3. Details of the overburden and topsoil handling are shown in Table D-3 and also in Exhibit E - Reclamation Plan. Gravel will be directly loaded into the crusher by a loader or will be hauled to the crusher from the mining face in a truck. A dozer may be used at the mining face to loosen the gravel for the loader. Stockpiles of crushed rock will be placed in Mining Area 1 which is also the Processing Area. These crushed product stockpiles will allow mining to cease for portions of the year and allow for sales through out the year. Highway trucks will haul sellable material to market from the processing site. Truck traffic will utilize CR 37 and will then travel various directions depending on the location of demand. The gravel thickness to be mined is approximately 8-20 feet. Below the sand and gravel is shale. This shale is approximately 28 feet below the natural surface and will not be encountered • anywhere within the mining area. Mining will stop no less than 2 feet above the static ground water level. The overburden that is encountered will be used to make road base (needs up to 15% minus 200 mesh material) as well as put back before the topsoil as a subsoil for plant growth and to enhance water availability in the topsoil. 2. Mining Timetable The following table (Table D-3) is a best estimate of the sequence of operations for the life of the mine and is based on producing up to 150,000 tons per year. • Lone Tree Pit, June 2010 D-2 • Table D-3 Lone Tree Pit Mining Sequence Production per Length of time to Year Comments year(tons) complete(months) 2010 - Site Preparation,Topsoil stripping,build stockpiles along the CR 37. 2 2010- Mine in Mining Area 1,stockpile topsoil. Seed the stockpiles. Place 2014 150,000 any excess overburden on the areas hisoricaly mined in Mining Area 39.6 3. Mine in Mining Area 2.Directly place overburden and topsoil from 2014- Mining Area 2 on the pit flor and slopes of Mining Area 1 in areas 2018 120,000 42'8 that won't be used for processing and finished product stockpiles. Seed topsoiled areas. 2018- Mine in Mining Area 3,Strip topsoil and place it in Mining area 2, 2019 120,000 place the overburden encountered on the pit floor. Seed topsoiled 10.8 areas. 2019 - Remove all equipment.Place topsoil from stockpiles on any 2.0 remaining areas. Seed and much. Total 97.2 The mining schedule is planned to minimize disturbance by reclaiming areas as additional mining is undertaken. The table shows that mining and reclamation will occur approximately 8 • years and the total gravel mined will be approximately 1,100,000 tons. This table is based on the production limits and may take longer if demand is low. This is based on the topography and the available exploration data. • Lone Tree Pit, June 2010 D-3 • 3. Mine Facilities and Operation The facilities on site will be the crushing/screening plant and a truck scale/office. A double cattle guard will also be installed for to reduce vehicle tracking. The crusher/ screen will be mobile and will be moved to and from this site each year. The equipment will be located in Mining Area 1 (see map C-2). Fuel for the operation will come from either the fuel tank associated with the crusher or a mobile fueling truck. There will be no permanent tanks on site. Maintenance vehicles will visit the site regularly to provide oil, grease, and perform other minor maintenance on vehicles and equipment. Any major repair work required will be performed off site or during normal operating hours. The truck scale of approximately 20' x 70' size is also installed within the permit boundary. See Map C-2 for the location of the truck scales. The foundation will consist of 10-15 one ton concrete blocks. The following list is the best estimate as to the equipment which will be used onsite throughout • the mine life: - 2 Front End Loaders 980 size or smaller - 0-2 Off Road Dump Trucks - Part Time Water Truck (As needed) - Topsoil Equipment(Scrapers, Graders) Support equipment may need to come on site on an as-needed basis. The operator commits to clearly marking the permit boundary. The existing perimeter fence is the permit boundary and will not be removed as part of mining. There will also be minor roads leading to the stockpiles and the different mining areas but all roads will be retopsoiled after mining except a 200' section of the access road to allow for landowner access after reclamation. • Lone Tree Pit, June 2010 D-4 4. Topsoil and Overburden Handling • Topsoil will be salvaged from all Mining Areas. The expected topsoil thickness is approximately 0-6 inches. The topsoil is thicker in areas with overburden beneath the topsoil and nearly non existent on the gravel bar areas. Gravel will be mined and taken to the crusher/screener by loader or truck. Mining will be conducted in 3 phases, which minimizes disturbed area. Mining Area 1 will become the processing area for the entire mine life. The crushing/screening, product stockpiles and the scale will be located within Mining Area 1. Mining will progress from Mining Area 1 to 2 and finish in 3. While mining in Mining Areas 1, all topsoil will be stockpiled for use in reclamation. In Mining Area 2 and 3, salvaged topsoil will be directly placed in areas ready for reclamation. In Mining Areas 1, 2 and 3 the overburden will be used in the road base as well as placed on the pit floor to enhance the reclaimed land. The depth of overburden replaced will vary from 4" to 18". The overburden will provide a deeper growth medium than topsoil itself as well as slow the infiltration of precipitation. The topsoil stockpile will be located along the CR 37 and the property line to the east. • No backfilling of slopes will be required since the mining slope is 311:1V. All gravel below the water table will be left unmined. The bedrock below the gravel is the Laramie Formation of the Cretaceous Age. The topsoil stockpiles will be seeded within a month of being placed. The topsoil pile will be irrigated with a water truck to get initial vegetation. The reclamation seed mix will be used on the topsoil stockpile. No waste material from processing will be generated on site. No acid or toxic forming materials will be produced on site. No blasting will be conducted as part of the mining operation. Illegally dumped material existing on site will be removed from the site and disposed of in a landfill. • Lone Tree Pit, June 2010 D-5 • 5. Water Handling Water will be used to control dust on the internal roads and county roads as needed. The crushing and screening operations will have water sprays to reduce dust. All water used at the site will be hauled from fire hydrant tap and the water will be purchased from the North Weld County Water District. The anticipated water consumption is 6,000 gallons per day during mining and crushing operations and significantly less during sales only days. Watering of the pit travel area and the mine access road will be accomplished using the water truck, which will have a minimum of a 2,000 gallon tank. Water for this operation will come from North Weld County Water District which is approved for industrial use. If another approved source is discovered, the division will be notified of the change in water source. 6. Schedule of Operations Mining operations will only occur as dictated by demand up to the maximum rates described • earlier in the mine plan. Mining, crushing, screening may take place in any of the 12 months out of the year but is only expected to operate for an approximate 3 months per year. Product will be sold throughout the year, although less material is expected to be sold in winter months. The operator will not have night gravel mining operations, although minor truck activity or repairs may occur after hours. 7. Haul Roads and Access The access road will head east from the processing and stockpile area where it will intersect with CR 37. The eastern 200' of this access road will not be reclaimed at the end of mining to allow access to the site. The access road will be a graveled road approximately 24 feet wide. The market is primarily the oil fields near Grover, CO but some material may also be sold to markets west of the site. • Lone Tree Pit, June 2010 D-6 • 8. Weld County Impacts and Environmental Impacts A Special Use Permit through Weld County will be needed for this operation and will be obtained prior to mining activities starting. Negative impacts to Weld County include a) truck traffic, b) noise, which is minimal due to the remote nature of this site, c) dust, all operations of the site are regulated by the Air Quality Control Division of the CDPHE, d) visual impacts, which was subject of a specific evaluation as part of the Special Use Permit. As described in the Exhibit G: Part 1, the hydrological system will detain runoff so that no sediment will leave the site and cloud any downstream waters. The Lone Tree Pit will be reclaimed to rangeland as shown on Map F. The operator will work closely with the County and the DRMS to ensure that the reclamation plan is the best possible for achieving the post-mining land use. There will be portable sanitation facilities on site but there will be no leach fields or other means of sewage disposal. All sanitary waste will be stored in a holding tank and hauled off site periodically. There will be no new demands on Weld County services from the extraction • areas. • Lone Tree Pit, June 2010 D-7 • RECLAMATION PLAN EXHIBIT E 1. General Reclamation Plan The total area of the permit is 40.02 acres. The permit has both disturbed area(35.91 acres) and undisturbed area(4.11 acres). The eastern portion of the access road is to be left in place for access to the reclaimed site. The reclaimed land use is shown in Table E-1. There are cottonwood trees located in the previously excavated areas and will not be disturbed as part of mining or reclamation. Since the mining depth will stop 2 feet above the static groundwater level and overburden and topsoil will be replaced on top of the pit floor, no groundwater will be exposed after reclamation. Table E-1 Lone Tree Pit Reclamation Land Use Land Use Area (acres) Undisturbed Cottonwood Gallary 4.11 Access Road 0.2 • Reclaimed Rangeland 35.71 Total 40.02 Reclamation will be conducted as new areas are disturbed throughout the year. This will most likely happen in small increments a few times per year, with topsoil and overburden being placed in the previously excavated areas of the pit. See Map F for details. This will also help reduce the exposed land area which will reduce the reclamation bond. Overburden is expected to vary between 0 feet-3 feet. Excess overburden not used in road base will be used for subsoil. 2. Topsoil Replacement The amount of topsoil proposed to be salvaged and replaced is approximately 13,000 C.Y. as shown in Table D-1. All of the areas will receive topsoil replaced to a thickness of 2-6 inches. Portions of all mining areas will receive some topsoil from stockpiles. All other replaced topsoil will come from direct placement from surrounding mining areas. • Lone Tree Pit, June 2010 E-1 • 3. Haul Roads and Access The access road will head east from the facilities area where it will intersect with County Road 37. This eastern 200 feet of the access road will not be reclaimed at the end of mining to allow access through the site. The access road will be a graveled road approximately 24 feet wide. The cattle guard will also remain after reclamation. 4. Reclamation Timetable The timetable for reclamation is shown below in Table E-2. Reclamation Timetable Exhibit L: Reclamation Costs describes the worst case bond scenario. The approximate timeframe to mine and reclaim the Lone Tree Pit is 8 years. Table E-2 Reclamation Timetable Year Comments Length of time to complete(months) • 2010 Site Preparation,Topsoil stripping,build stockpiles along the CR 37. 2 2010- Mine in Mining Area 1,stockpile topsoil. Seed the stockpiles. Pplace any excess overburden on the areas hisoricaly mined in 39.6 2014 Mining Area 3. Mine in Mining Area 2. Directly place overburden and topsoil from 2014- Mining Area 2 on the pit flor and slopes of Mining Area 1 in areas 42.8 2018 that won't be used for processing and finished product stockpiles. Seed topsoiled areas. 2018- Mine in Mining Area 3, Strip topsoil and place it in Mining area 2, 2019 place the overburden encountered on the pit floor. Seed topsoiled 10.8 areas. 2019 Remove all equipment. Place topsoil from stockpiles on any 2.0 remaining areas. Seed and mulch in reclaimed areas. Total 97.2 • Lone Tree Pit, June 2010 E-2 • 5. Revegetation Plan The areas being reclaimed will be harrowed and drill seeded in the spring and fall with a mix consisting of the following in order to control erosion: Rangeland Mix Cultivar lbs. of PLS/Acre Buffalo Grass Texoka, Sharps Improved 3.5 Little Bluestem 2.5 Side Oats Vaughn, Butte, El Reno, Haskell 2.0 Blue Gramma Hachital, Lovington 3.5 Sand Dropseed 0.5 Fairway Crested Wheatgrass Ephriam 0.8 Smooth Brome Achenbach 2.0 Total 14.8 lbs/acre • These grasses have proven to do well in the dry environment of eastern Colorado. They will prevent erosion and do provide forage and cover for animals. Certified weed free hay or straw mulch will also be applied at the rate of 2000 lbs/acre. The mulch will be crimped into the ground to provide soil stabilization. 6. Post-Reclamation Site Drainage The major drainage feature in the post mine site is Lone Tree Creek which is an upland vegetated swale. This drainage receives water from several square miles but is dammed several times upstream from the site. The swale rarely has standing water in it and even more infrequently does it have any flow. The reclaimed slopes will flow to the pit floor and then to a small depression to allow Lone Tree Creek to still have an established channel. The reclaimed land will • be lower than the original channel invert and will create a shallow pool prior to discharging Lone Tree Pit, June 2010 E-3 • through the 5'culvert to the next downstream landowner. This shallow pool will allow any sediment to drop out prior to the flow leaving the site. Due to the very clean nature of this deposit, the onsite runoff will likely infiltrate into the surrounding groundwater as it does currently, therefore, there will be no issues with water rights. The flow directions of the reclaimed land are shown on Map F and are the same as the current site. 7. Weed Control The existing site has significant weeds on site. Russian thistle and tumble weeds are a very common source of weed infestation in the area. The Lone Tree Creek is a depression and creates a trap for the tumble weeds to accumulate to 2 feet deep in some areas. During mining the large infestations of weeds will be burned in place or hauled off site to a landfill. Prior to any weed burning, weld county health department will be contacted to determine if a burn permit is needed and if there are any burn bans in place. Additionally the local fire department will be notified. Revegetation of retopsoiled areas in a timely manner will be the primary defense against weed • infestations. Initial supplemental irrigation will be used to aid in timely revegetation. Herbicides will be used on an as needed basis by a weed control contractor to control infested areas. Each year in the early summer months, a weed survey will be conducted and will determine if burning and hauling off of weed debris is needed as well as the need for herbicide application. Any herbicide application will be done by professionals in conjunction with Weld County established control methods. Each year the inlet of the culvert will be inspected for weed accumulation. Any weeds will be removed during the inspection. 8. Revegetation Success Criteria Revegetation will be deemed adequate when erosion is controlled in an adequate manner, and the vegetation is considered satisfactory and stable to the Division. 9. Monitoring Reclamation Success • Lone Tree Pit, June 2010 E-4 Monitoring the reclamation on an ongoing basis will help to assure successful reclamation. The • operator plans to use the local NRCS office to assist in determining the ability of the reclaimed land to control erosion and any other suggestions which may enhance the reclamation of the site. If minor changes or modifications are needed to the seeding and reclamation plan, revision plans will be submitted to the Division as required. It is hoped that the Division will provide assistance in evaluating the success of the ongoing reclamation process. All areas disturbed and reclaimed and any other important items regarding the reclamation will be submitted in the annual reports to the Division. • • Lone Tree Pit, June 1010 E-5 • RECLAMATION PLAN MAP EXHIBIT F Map F shows the final contours of the reclaimed area as well as the final land use. • • Lone Tree Pit, June 2010 F-1 • WATER INFORMATION EXHIBIT G 1. Surface Water General Discussion Within the permit area, the major surface drainage is Lone Tree Creek. Lone Tree Creek will not be diverted as part of the mining operation. Excavation will be conducted within the channel and will ultimately lower the invert of the swale within the mining area. During large events where surface water is flowing in Lone Tree Creek, the depression left by mining will fill with water and the excess flow will continue as it does currently. Lone Tree Creek is dammed several times up stream of the site and very rarely has any flow. Any water trapped in the depression will infiltrate into the groundwater table since the pit floor is very sandy. If the water that collected in the depression is not infiltrating fast enough to be gone in 72 hours, a pump will be placed in the pool and the water will be discharged to the cottonwood gallery. All processing equipment will be stored outside of the channel and will not be impacted by any flows. • 2. Hydrology and Sediment Control for Mining Water that is encountered within the mining area will only be stormwater runoff. Groundwater will not be intercepted during mining. Runoff from off site will be allowed to enter the site as it does now but will enter a depression which will deposit sediment. All onsite stormwater will flow to the same depression left by mining. If the depression fills with water, the excess will flow through a 5' culvert under CR 37, as shown on Map C-2. This culvert will be the discharge point of the Stormwater Discharge Permit. Product stockpiles will be placed several feet above the invert of Lone Tree Creek. The access road will have a double cattle guard to help remove mud from the trucks tires, which will prevent tracking. 3. Groundwater The test pits did not reach the groundwater table, but from well data surrounding the site, the expected groundwater depth is expected to be 20 feet—25 feet below the natural surface. The • adjacent excavation on Weld County Engineering property did not intercept groundwater at an Lone Tree Pit, June 2010 G-1 • approximate excavation depth of 17 feet. The excavation will stop 2 feet above the static groundwater level and will then be covered with overburden and topsoil to further reduce the risk of impacting groundwater. Surface runoff will drain through the sandy material and become groundwater during mining and after reclamation. 4. Irritation Water Initial vegetative cover may be initially irrigated with a water truck. The water for this irrigation will come from a fire hydrant within the town of Pierce. This water will be purchased from the North Weld County Water District. 5. Water Consumption for the Operation The site is expected to use approximately 6,000 gallons of water from this fire hydrant each day during mining and processing operations for dust control. Additionally during days of heavy hauling from the site road watering may be required as part of the road maintenance agreement • with Weld County. All water will be purchased from North Weld County Water District. If a non-potable water source if found and is approved for industrial use, the water supply source may change and the Division will be notified. • Lone Tree Pit, June 2010 G-2 • WILDLIFE INFORMATION EXHIBIT H 1) Significant Game Resources on the Affected Lands Antelope and upland ground birds such as pheasant are the most likely game resources to utilize the site. Due to the minimal vegetation on site and lack of available water near by, large animals do not frequent this area. The cottonwood gallery does provide good cover. 2. Significant Non-Game Resources on the Affected Lands Owls and other bird of prey use the cottonwood gallery as perching sites. No nests were observed during the May 4th 2010 site visit. Additionally there are small rodents and rabbits that live on site. 3. Seasonal Use of Affected Lands • This site is very dry year round. There are no sources of water on site. There is a small reservoir that provides year round water to local habitat approximately 1 mile south of the affected land. 4. Presence and Estimated Population of Threatened or Endangered species in the area. None. 5. Fish Resources None. • Lone Tree Pit, June 2010 H-1 • 6. General Effects of the Operation on the Existing Wildlife of the Area The cottonwood gallery is the most significant wildlife resource on the property and will not be removed as part of mining. The noise and general activity within the mining areas will make the cottonwood area less desirable while mining and processing is being conducted. This will occur a few months per year, and after mining is complete, the cottonwood gallery will be in the same condition as it is today. Wildlife will likely still use the site during the months that the operation is less intensive because the cottonwood gallery is one of only a few treed areas located within several miles. • • Lone Tree Pit, June 2010 1-1-2 • VEGETATION INFORMATION EXHIBIT J Existing Plant Communities See Map C-1 for vegetation communities. Vegetation within the permit area consists mostly of sparse grasses and short forbs. The cottonwood gallery in the southeastern portion of the site has dense trees with minimal grasses as ground cover. Beneath the trees, the ground is covered with leaves and tumbleweeds. The surrounding land is used for gravel resource and dry land farming. Some of the common vegetation types are blue grama, prickly pear cactus, • • Lone Tree Pit, June 2010 J-1 i Picture 1 1 •.. r -'-ten . 4,1 • ' t • . 1 • ♦ * i 1 •y • ., '♦ J,f li�4. •iej. .w l '* ; t w -• 41.13- _ .J.-1. . ' I ! . f ` „� . •a •1.1.11' ` wJ Y.-1 • 4, r a. >. _•4.14 17.1; i<�F.4 .1), ` ,. :tti; •• .Z 1,,, 4e.,, .,,, ..-•1 It, Jaw♦ • f o . • . { { . : 11 . ' J. ." .�1 tilliti ale r Y 1 ♦ \ f ... M J. I y ., . . / _ " 'l/ •!�M : '1 �.��'♦��j •per,'. 4:el t.4,-rta26.11t:t" :: ' -1: • e • . . . et • 1 les•4 , ,-4.1 4 1 1 ' 1 , . eta I . iY . '•y - -i" �.. •, _ 1.r •, f\tt __.., . i .,_ 4. . 'sip , •�. lit ,S' i tl 1 .• v f• r r l` S4 t b+., -.. Picture was taken within Mining Area 1 showing typical vegetation of an area with overburden beneath the topsoil. The majority of the ground cover is litter due to the dry nature of this site. This picture was taken in May 2010. ill Lone Tree Pit, June 2010 J-2 Picture 2 • ...,_ , . . . • .. . . ... _ . . . . .. . . . . .. . • . _ . ... .. • • . r• •r •t • 1 V ••. L. • , • • , r t. 41 •dor es' '..i !" • r! - • 't •' , . ! . ,al, . •.it VV.... _ • • '•�• J� '^/.'- '- •• ..�'F . `rat. •�r •��.<• 11.• . 4a a • HI _^� ♦ ^ ~' 7, • ! S Via• r ��r7Or ' , �t1 " I •�, • • . • -. e ,i lb.• ' '� ' • .t4 ` , s. � 11 mow, •.� o •+' • I 4 I • _ • •' n Y��G(Y^'`" i t •/ 11• 1 <'f' . ill I y.. ! • ' ''.•••••.>, '1 '� 1 ‘,..••• M es , •!- T 'Ps ... l'• i. F •4- •1 �� ,.tt iri '�i.OI : rj"�• . y,R, j or •`i.Nr'i r'. ^Ky't� t� if ti Y- •�'• X11^ ' ^1 r .I� Y 1 • ��• r . • 1' 7 X1+1 .. : +r ,` • • ` �•.'.�`�*• •a ' • • I. .` •1 . s ... 1•� �# Y� ,4' ^. ,`Xi � ' • ♦ • tia. <a. W ..1 �. .111 - ' ••_=I. 11' �1'fi .r . . ' • \ • v- t _.%% . wi. u. • • . - *, a 0 � ; w . .. • " , • e < ' - a _ e P. f . '• 1 .... •i-• i •.. - i 1 . • . ... • ` �` r' y�: a ' . ., 1 f" . ! 1 Es .-IIP i P l: . r _ a 4. a r 1 v , , 1 Picture shows a common forb found on site in an area that has little topsoil and minimal overburden. Water availability is low in this portion of the site. ill Lone Tree Pit, June 2010 J-3 • Picture 3 • r - i �� 1 't i t. "•.. . . • k k. -.t 414 . li_Ell •iii. S Jr.-. . t it / '' y`�r+ ; 4v /. s 4. , ♦ ,a v It .t • t\ a• r — . . a 1 , • .,. � t...: "-1":4.4' _ :.(• . 11 L • , it , 41w. Ir. . r , 1 \, ...- k .4 . .. d , 14! ..` Y, a ♦ ..t i iti. 1 4 . 4;44 4. o i • ll ^y a `. ` ` �"r • -Y ` , .oi, . . . '\ tit: 1 ( f4l .:reel . fa r* • , i e i'L , e 4 411)11*. - .. %';'. I • 1 . . il \• ..., • J• - F' 1 r • • . • • r b , •. Joe. This picture is looking north through the cottonwood gallery in the southeastern portion of the site. This area has small areas of vegetated ground cover. The remaining areas have leaves and tumbleweed cover. • Lone Tree Pit, June 2010 J-4 • Weed Control The existing site has significant weeds on site. Russian and thistle tumble weeds are a very common source of weed infestation in the area. The Lone Tree Creek is a depression and creates a trap for the tumble weeds to accumulate to 2 feet deep in some areas. During mining the large infestations of weeds will be burned in place or hauled off site to a landfill. Revegetation of retopsoiled areas in a timely manner will be the primary defense against weed infestations. Initial supplemental irrigation will be used to aid in timely revegetation. Herbicides will be used on an as needed basis by a weed control contractor to control infested areas. Each year in the early summer months, a weed survey will be conducted and will determine if burning and hauling off of weed debris is needed as well as the need for herbicide application. • • Lone Tree Pit, June 2010 J-5 • CLIMATE INFORMATION EXHIBIT K The following climate information is presented for Nunn, Colorado. The elevation of Nunn is approximately 5190 feet above sea level. The Lone Tree Pit is located approximately 2 miles southeast of Nunn at an approximate elevation of 5070 feet. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. 41.1 43.9 52.2 61.0 70.2 81.7 88.5 86.6 77.1 63.3 48.9 41.0 63.0 Temp (F) Average Min. 11.3 14.0 22.8 29.9 39.9 49.2 54.6 53.3 43.2 31.2 20.2 12.0 31.8 Temp (F) Average Total 0.36 0.26 0.91 1.30 2.35 2.11 1.93 1.39 1.05 0.85 0.56 0.22 13.30 Precip (in.) Average Total SnowFall (in.) 5.9 5.1 7.9 4.2 0.4 0.0 0.0 0.0 1.1 1.7 7.0 4.8 38.1 • • Lone Tree Pit, June 2010 K-1 • RECLAMATION COSTS EXHIBIT L The worst case reclamation scenario takes place at the end of Mining Area 2. This is the worst case since all areas have been disturbed by both pre-law operations and the permitted mining of the site. The rib left by previous operators will need to be graded and the most amount of topsoiling and seeding will be required. 1. All of the facilities area will need to be reclaimed at this point which will include the concrete foundation of the truck scale and removing the mobile structures. 2. All slopes are mined to the reclamation slope of 3H:1V but will need minor grading to be ready for overburden and topsoil placement. The approximate length of finish grading needed is 3,000 feet. The total area of slope finish grading is 3.7 acres. 3. In the area of historical disturbance, there is a rib that was left by the earlier operator • which has 1 H:1 V slopes. This rib needs to be graded to 3H:1V and topsoil applied to the slopes. The volume of material that needs to be moved is 1,000 C.Y. 4. Ripping 20 acres prior to topsoil placement. 5. Topsoil needs to be placed on approximately 20 acres, which will come from the stockpile located on the eastern portion of the site. 6. Seeding and mulching of 20 acres that were recently topsoiled. 7. Supplemental irrigation on newly placed seed. • Lone Tree Pit, June 2010 L-1 • Worst case reclamation costs for this scenario are shown in Table L-1: Table L-1 Reclamation Task and Cost Estimate Activity Description Time (Months) Cost ($) Remove scale, and mobile equipment. 0.10 $4,000 Fininsh grading slopes to 3H:1V 3.7 acres @ $1,000 per acre 0.10 $3,700 Regrade historical disturbance from 1H:1V. 1,000 C.Y @ $0.50 per C.Y 0.05 $500 Ripping of 20 acres @ $200 per acre for topsoil prep 0.10 $4,000 Haul 6,000 C.Y of topsoil from stockpile and distribute on 20 acres. $1.20 per C.Y 0.10 $7,200 • Seed and mulch all disturbed areas. Drill seeding and crimp mulching will be employed @ $1100/acre x 20 acres. Initial irrigation by water truck. 0.20 $22,000 Totals 0.65 $41,400 DRMS Costs (21% x direct costs) $8,694 Total Bond Amount $50,094 • Lone Tree Pit, June 2010 L-2 • OTHER PERMITS AND LICENSES REQUIRED EXHIBIT M The following permits are needed for the site: 1) County Use By Special Review—A Use By Special Review Permit from Weld County will be applied for after the DBMS Permit is issued. As part of the County permit a building permit and access permit will likely be required. 2) Stormwater Discharge Permit—A Stormwater Discharge Permit will be applied for through the Colorado Department of Public Health and Environment—Water Quality Control Division. 3) APEN—A fugitive air emissions permit is needed from the Colorado Department of Public Health and Environment since the site will mine more than 70,000 tons per year. Air emissions permits will be in place for all portable equipment utilized on site which requires a permit. The • APEN has not yet been submitted. 4) No USCOE 404 permit will be necessary because no wetlands or waters of the U.S. will be disturbed. See the attached letter from USCOE. 5) A Burn Permit is required through the Weld County Public Health Department and needs to be issued prior to any weed burning activities. • Lone Tree Pit, June 2010 M-1 1 .1,('0 ' DEPARTMENT OF TEIE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT a - I DENVER REGULATORY OFFICE, 9307 S. Wadsworth Boulevard LITTLETON, COLORADO B0130-6901 May 5,2010 Mr.Ryan Ellis Greg Lewicki and Associates 11541 Warrington Court Parker,CO 80138 RE: Lone Tree Gravel Pit,Upland Vegetated Reach of Lone Tree Creek Corps File No.NWO-2010-947-DEN Dear Mr.Ellis: Reference is made to your May 4,2010 site visit with Mr.Terry McKee of my office concerning the above-mentioned project located in the NE/of Section 12,T8N,R66W,Weld County,Colorado. This project has been reviewed by Mr.Terry McKee of my office in accordance with Section 404 of the Clean Water Act under which the U.S.Army Corps of Engineers regulates the discharge of dredged and fill material,and any excavation activity associated with a dredge and fill project in waters of the United States. A Department of the Army(DA)Permit will not be required for gravel mining at this site,which • includes the upland vegetated reach of Lone Tree Creek and the upland"rib"area near the south portion of the project site. Although a DA Permit will not be required for the mining project,this does not eliminate the requirement that other applicable federal,state,and local permits be obtained as needed. If there are any questions call Mr.Terry McKee of my office at(303)979-4120 and reference Corps File No.NWO-2010-947-DEN. Sincerely, Timor);T.Car Chief;Deny gulato ff tm • Lone Tree Pit, June 2010 M-2 • MUNICIPALITIES WITHIN TWO MILES EXHIBIT P There are no towns within 2 miles. • Lone Tree Pit, June 2010 P-1 • PROOF OF MAILING NOTICES TO COUNTY EXHIBIT Q COMMISSIONERS & SOIL CONSERVATION DISTRICT Notifications and accompanying permit forms have been sent to the West Greeley Soil Conservation District and the Weld County Commissioners. Please see attached return receipts. West Greeley Conservation District 4302 W. 9th St. Rd. Greeley, CO 80634 (970) 356-8097 • (970) 351-0392 Fax Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley CO 80632 Phone: (970) 336-7204 Fax: (970) 352-0242 • Lone Tree Pit, June 2010 Q-1 • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT Westtieeby DISTRICT Miler Ferny toewmms.uc (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety(the"Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Reaaerea use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Conservation Districts before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application,you mat submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S. If you would like to discuss the proposed post-mining land use,orany other issue regarding this application,please contact the • Division of Reclamation,Mining,and Safety,1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description of the change. • Lone Tree Pit, June 2010 Q-2 • i U.S. Postal Service,. CERTIFIED MAIL,,, RECEIPT Q (Domestic Mail Only;No Insurance Coverage Provided) 43 4 F•r .ellveryl •rmatl•nvisit •urwe•siteatwww.us•s.c•m, CI GREELEY CO 80634 ru Er Postage $ $4.90 , -0303 Ls) \ ungifted Fee $2,80 ' ,.' 12 ,',c`) t O �shQ�`! O Holum Receipt Fee R iEnda m seent HeUuired) $2, 1�,'1;�� (Nee Ya V t O Restricted Delivery Fee (F_nFbrsentent Required) $0. 0 - Er Total Postage& Fees $ $10.00 1; /08/2010 0 Send To I, ' 0 Street.Apt. No: / Q r 0 or PO Hax No. `130.) L )N " ' M (gd City. Start.. ZIP..1 AI • PS Form 3800 August 900E+ See Revers,-ter lestrurtlnns U.S. Postal Service CERTIFIED MAIL.,.. RECEIPT ..c (Domestic Mail Only;No Insurance Coverage Provided) .D E F•rdellverylnt•rmatl•nvlslt •uiwe•stt=atwww.us.:.c•m, O _. GREELEY CO' 80632 . r.. Postage $ $4.90'` ' 0303 ' 7,• 12 Ce.)Idicr,Fee $2 �1 0 ReturnReturnReceipt Fee - • 1 \I 0�y5Ralt0) 0 (Eudursenient Required) $ `�V r �✓ Restrirlod Delivery Fee. (Fndorsenient Required) SO.(1 . Er Total Postage R Fees $ $10.00 4.,• 06Y08/201t" O Sent lu -W41 cr eL. 60/4011t4.34;761 _. >rt et Apt. No.y. j 0 r PO Box No. If.6"“im}-iL_>r .. j)t �j &I.l 7,5 r` City State, ZIF'sit 6 e u t D 1 • PS Form 3800.August 2006 See Reverse for Instructions Lone Tree Pit, June 2010 Q-3 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Mar Family Iiniawis,LLC (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. The attached infocmation is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety(the"Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to awamns use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of CountyConunissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10),C.R.S. If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the • Division of Reclamation,Mining,and Safety,1313 Sherman Street,Room 215,Denver,Colorado 80203,(303)866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description of the change. • Lone Tree Pit, June 2010 Q-4 • PROOF OF FILING WITH COUNTY CLERK EXHIBIT R Please see attached return receipt. • • Lone Tree Pit, June 1010 R-1 • Greg Lewicki And Associates 11541 Warrington Court Phone(303)346-5196 Fax:(303)-346-6934 Parker,CO USA 80138 E-Mail:infocilenickibi, June 4, 2010 Weld County Clerk and Recorder 1402 N. 17th Ave. Greeley, CO 80631 (970) 353-3840 Dear Clerk and Recorder: Enclosed is an application for the 112 gravel permit for the site known as the Lone Tree Pit • located approximately 3 miles northeast of the town of Pierce. The permittee is Miller Family Investments, LLC. This application needs to be placed on public file. The Colorado Division of Reclamation, Mining, and Safety needs evidence that you received this application. Therefore, please sign and date the box below, then fax this page to (303) 346-6934. Sincerely, Ryan Ellis Greg Lewicki and Associates (303) 880-6690 This application was received on the following date: By: • Lone Tree Pit, June 2010 R-2 • I . . costa ervice , CERTIFIED MAIL„. RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) ci Er For delivery information visit our website at www.usps.com, CI GREELEY. cc 806 1 ru ate-. Postage $ $10.70 L.riCertified Fee $2.80 � ,�`��)---- n-r ; r D �' F'ostmaiin © Return Receipt Fee r Her` ;, © (Endorsement Required) 0 Restricted Delivery Fee UN 2 2 2010 ,' ,,• (Endorsement Required) SO B CI cr 5, , O-. total Postage & Fees $ $15.80.,. `\013/22/2010 =,ti Sent Tu _ 7 tr "ZIIG ,z' t,Uu'�% �t f L O Street, Apt. No.; / ? 0 or Pa Gov No. < q R 7 [ l . r-d a2k-e---- rs- City State, ZIP+4 . fiz ea ,v te 3 / PS Form 3800. August 2006 See Reverse for Instructions • Lone Tree Pit, June 2010 R-3 • Adjacent Property Owners Map Referance Parcel Number Landowner Mailing Adress Number 1 055312000009 Miller Family Investments 10614 Highway 66 Plattevilee, CO 80651 2 055312000008 RC Land Inc 13415 CR 88 Pierce, CO 80650 3 055301000010 Weld County 915 10 St Greeley, CO 80631 4 05516000002 Jacob E. Varra 9080 CR 102 Nunn, CO 80648 5 055107000019 Leroy A. & Peggy J. Bellmore 13480 CR 100 Nunn, CO 80648 6 055107000003 Weld County Engineering P.O. Box 758 Greeley, CO 80632 • • Lone Tree Pit, June 2010 R-4 • PERMANENT MAN-MADE STRUCTURES EXHIBIT S The following is an inventory of man-made structures within 200 feet of the disturbed area. All of these structures are shown on Maps C-1, C-2, and F. The landowner boundaries are shown on Map C-1. The damage waivers for these structures are included in this section and are signed and notarized by the operator. The signed damage waiver was sent to the Owner(Weld County) and no correspondence was received pertaining to the damage waiver. Phone calls to the Weld County were not returned pertaining to the Damage Agreement. 1. CR 37 and 96 with associated 5' culvert owned by Weld County 2. Onsite fences and livestock shelter owned by Miller Family Investments, LLC • • Lone Tree Pit, June 2010 S-1 Damage Agreement Between Miller Family Investments,LLC And Weld County Lone Tree Pit This Agreement entered into between Miller Family Investments,LLC and Weld County provides that Miller Family Investments,LLC agrees to provide compensation to Weld County for any damages to the Weld County owned CR 37,Culvert under CR 37 and CR 96 caused by mining at the Lone Tree Pit. Miller Pamily Investment, LLC By Brady Miller The foregoing instrument was acknowledged be for me this • day of June,2010,by Brady Miller. �aS7gM;<� • Notary Public • i. i • P 9 My Commission expires: t !' f r.-c c?GI I • N Sl pU6t,`G• V � aGt Weld County By David Bauer The foregoing instrument was acknowledged be for me this_ _day of June,2010,by David Bauer. Notary Public My Commission expires: • Lone Tree Pit, June 2010 S-2 • RULE 1.6.2(1)(b) EXHIBIT T Prior to the submittal of the application, a sign was erected at the entrance to the site which contained all the required information regarding Rule 1.6.2(1)(b). Please see enclosed sign certification. • • Lone Tree Pit, June 2010 T-1 Notice This site is the location of a proposed mining operation named the Lone Tree Pit.Miller Family Investments,LLC,whose address and phone number is 10614 Highway 66 Platteville,CO 80651,has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board.Anyone wishing to comment on the application may view the application at the Weld County Clerk and Recorders Office; 1402 N. 17th Ave Greeley, CO 80631,and should send comments prior to the end of the public comment period to the Division of Reclamation,Mining,and Safety, 1313 Sherman Street,Room 215, Denver,Colorado 80203. Certification i, ,tl (kV-hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Lone Tree Pit,on June /,S-2010 SIGNATURE DATE • • Lone Tree Pit, June 2010 T-2 • GEOTECHNICAL STABILITY EXHIBIT EXHIBIT U There are no buildings or any structures outside the permit area which could be affected by the excavation. A minimum 30 foot buffer will be maintained from the permit boundary line to all excavations. The permit boundary on the eastern and northern boundary is the ROW for CR 37 and CR 96. All reclaimed areas will be restored to relatively flat(<3.5%) slopes except for the side slope, which be mined to a 3H:1V and reclaimed to a 3H:1 V slope. The surface material of these slopes will be topsoil and the slope will be undisturbed sand and gravel. Design factors In the extremely remote case that a slope failure would occur, if the slope failed up to CR 37 (the closest man made structure to the operation), Figure U-1 shows the slope angle that would occur. The horizontal distance from the edge of the excavation to the ROW is 30 feet. The failure angle would be 9 degrees or 6H:1 V. This angle is far milder than normal failure angles in material that • gets strength from internal angle of friction. Figure U-2, from Stability Analysis of Earth Slopes, Huang, shows typical internal angles of friction for various materials. Assuming that the gravel is classified as SP, Poorly graded clean sands, gravelly sands, this material has an internal angle of friction of approximately 37 degrees. • Lone Tree Pit, June 2010 U-3 • The Factor of Safety(FOS)for gravel with a 9 degree slope in SP classified material with an assumed internal angle of friction of 37 degrees can be approximated by ignoring the cohesion component of the stability and simply evaluating the internal angle of friction as follows: Tangent of Internal Angle of Friction FOS= Tangent of Actual Angle of Failure Surface Tan 37° .7535 FOS= Tan 9° .1584 This factor of safety far exceed the normal long term safety factor of 1.3,therefore,the plan of extraction,as presented in Figure U-1,is acceptable.The material within the slope will consist of undisturbed sand and gravel. • I,Greg Lewicki,P.E.with over 29 years in mine slope safety analysis in Colorado,certify that the mining and reclamation plan presented in this application will lead to stable slopes during and after mining and that there is no realistic threat of failure or to the stability of any structures outside of the permit area. ery' 00 flEG o �� _ O ••V Lr• ` Greg Lewicki,P.E. .. � •�` P.E.#20335 ç;o33: 91 j• Date: 6�i/r0 �• trN11ti Lone Tree Pit,March 2009 U-4 Lone Tree Pit, June 2010 U-4 • Figure U-1 CR 37 now Falure Analysis of Mined Slopes 3vC Offset o1 n.. el ope 31 CR 3 ROW \y` Kilning end Reclamation Slope 3H Iv Fake.Una If It occured to tee CR 37 ROW ercty 1 ^ 2CP Depth of t.1MM1p • • Lone Tree Pit, June 2010 U-5 • I FS "r4s^+a144 re a . 44 II. Ol sss s as Ain V « %« « R • « «• «00000 00 I lin s 000000 0d. . Ets6 =9_ _ r 0 00000 tiO 00°00000 ti - t ' Ope .pl tP 1 NN - 3 i N N N N M N N N • X M pi rieivirytP 'ON 0771 • M N H N g N i N H M • I! i :a I �` tip y l ,: 9h!milll . .. I - tIllII iiI Ii Evil iI I tits aiiIi1I1ii:I; 11 ! l Si q li I oaob ailUlgddiaali, • Figure U-2 (Stability Analysis of Earth Slopes, Huang) Lone Tree Pit, June 2010 U-6 31-AUG-2010 01:ITAY FROM-DIY RECLAWTI0N MINING & SAFETY X3031321106 T-041 P.002/006 F-T33 b IA! t Ut LULUIv�vv • DIVISION OF RECLAMATION,MINING AND SAFETY Departmental Natural Rese,nces 1313 Sherman St-Room 215 COLORADO Denver,Colorado 10203 DIVISION Of Phone(303)666356? RECLAMATION FAX;003)532-6106 MINING SAFETY • wi NOM.L. August 31,2010 oeYe'ner Mike us Ryan Ellis Siam nwecYa Greg Lewicki and Associates LOOMS E.Mete 11541 Warrington Court ovum Parker,CO 8O138 RE: Lone Tree Pit; DRMS File No. M-2010-047;Preliminary Adequacy Review . Dear Mr. Ellis, The Division of Reclamation,Mining and Safety has completed its preliminary adequacy review of your 112 construction materials reclamation permit application.The application was received on June 24,2010 and called complete for review on July 9,2O1O. The decision date for this application is October 7,2O1O. Pleasc be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues • that have not been adequately addressed prior to the end of the review period,and no extension has been requested,the Division will deny this application. The review consisted of comparing the application content with specific requirements of Rule 6.1,6.2,64,and 63 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. In general the application was substantially adequate;however, as with most applications there are a few items that will require the submittal of additional information or clarification of the existing information. Inadequacies are identified under the respective exhibit heading along with suggested actions to correct them. 1.6.5 Specific Provisions— 112 Reclamation Permit Application 1. As required by Rule 1.6.5 (2),please submit proof of the public notice circulated to all owners of record of surface and mineral rights of the affected land,and casement holders that are on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. 6.4.1 Exhibit A—Legal Description No comment. manN Office of Milve a Mined Land Recto wilon Denver • Grand lunNarl • Durangond Inactive Minas 31-AUG-2010 00:IIAM FROM-DIV RECLAMATION MINING 4 SAFETY +1031321106 T-941 P.003/106 F-739 • 6.4.2 Exhibit B—Index Map No comment. 6.4.3 Exhibit C—Pre-mining and Mining Plan Map(s)of Affected Land No comment 6.4.4 Exhibit D—Mining Plan 2. The Applicant has stated there will be a thirty(30) foot setback from the limits of mining to the permit boundary.Please commit to delineating the setback with monuments or other markers. 3. The Applicant has stated a scale house will be installed.Please indicate if a foundation will be constructed for the scale house. If so,provide the composition and dimensions of the structure. The Division requires this information to complete the financial warranty cost estimate. 4. On page D-5 of the application the Applicant states"The stockpile will be located along the CR 37 and the property line to the can". Please clarify if this sentence ntfers to the topsoil stockpile or an overburden stockpile.If overburden will be stockpiled along the CR 37,then the please revise the Mining Plan Map to show this stockpile. • 5. The Applicant has indicated the 4.11 acre cottonwood gallery will remain undisturbed. Please note the Division will consider the permit area to be 40.02 acres and the disturbed area to be 35.91 acres. 6. The Applicant has stated an unreclaimed prelaw mine site is present in Mining Area 3 of the proposed permit boundary. A section of sand and gravel,which created an island,was left in place near the center of the southern permit boundary. The Applicant indicated in Exhibit L the slopes of this island would be graded from the current 1H:1 V slopes to 3H:I V slopes. However,the Reclamation Plan Map depicts a level pit floor in the area of the island, indicating the deposit will be mined. Please clarify if the gravel island will be mined or if it will be left undisturbed and revise all exhibits accordingly.The Applicant should note that reclamation will be required on all affected land. 7. The Mining Plan states excess overburden may be placed in Mining Area 3. Please clarify if the overburden will placed on the pit floor as part of final reclamation or if the overburden will be placed in a stockpile to be replaced during reclamation. If the overburden will be stockpiled,then provide an estimate of the volume of the overburden stockpile. 8. Please confirm the topsoil stockpile will not exceed 6,000 cubic yards. • 31-AUG-2010 01:IIAM FROM-DIY REEL/44' IC(I MINING I SAFETY +3031321106 T-941 P.004/001 F-T33 • 6.4.5 Exhibit E—Reclamation Plan 9. The Applicant has stated the reclaimed land will be lower than the original channel invert and will create a shallow pool prior to discharging through the five foot culvert.Please specify how much lower the reclaimed channel invert will be from the culvert.In addition, provide an estimate of the amount of water which must first flow into the pit before water overtops the pool and discharges through the culvert. 10.The Reclamation Plan states the Lone Tree Creek will have an established channel upon the completion of reclamation. Please specify the dimensions of the channel. 11. During the Division's pre-operational inspection conducted on August 26th,2010, it was noted the culvert under Weld County Road 37 was obstructed by tumble weeds and other debris.The Division requests the Applicant include,as part of the weed control plan,a commitment to regularly inspect the culvert and clear the entrance of tumble weeds and other accumulated vegetation. 12.During the Division's pre-operational inspection conducted on August 26th,2010,it was noted trash has been dumped along the east permit boundary from Weld County Road 37. Please note the Operator shall be responsible for disposing of all refuse per the requirements of C.R.S. 34-32.5.116(4)(e). 6.4.6 Exhibit F—Reclamation Plan Map • No comment. 6.4.7 Exhibit G—Water Information 13. According to the Mining Plan,the site will be mined from north to south in three phases. During a precipitation event water will pool in the excavation area before it ovcrtops the pit and returns to the established channel. Please describe how water will flow through the Lone Tree Creek when either Area 1 or Area 2 has been mined to the maximum depth of 20 feet. Please note that all impounded water must infiltrate into the ground or be released to the natural stream system within 72 hours. 6.4.8 Exhibit H—Wildlife Information No comment. 6.4.9 Exhibit I-Soils Information No comment. • 31-AUG-2010 01:IIAM FROM-DIY RECLAWTION MINING & SAFETY +303112t106 T-011 P.006/006 F-T33 • 6.4.10 Exhibit J—Vegetation Information 14.The Applicant has stated the vegetation within the permit area consists mostly of sparse grasses and forbs. In accordance with Rule 6.4.10(1)(a),please specify the type of principal species in each life-form present(i.e.,the type of forbes and grasses). 6.4.11 Exhibit K—Climate Information No comment. 6.4.12 Exhibit L—Reclamation Costs 15.The Division will calculate the costs to complete reclamation once all of the adequacy issues have been addressed. 6.4.13 Exhibit M—Other Permits and Licenses Required 16.The Applicant has stated weeds may be periodically burned on site.Please indicate if a permit is required from Weld County to burn the weeds. If so,commit to obtaining the necessary permit(s)prior to conducting a controlled burn. 6.4.14 Exhibit N—Source of Legal Right to Enter • No comment. 6.4.15 Exhibit O-Owner(%)of Record of Affected Land(Surface Area)and Owners of Substance to be Mined No comment. 6.4.16 Exhibit P—Municipalities Within Two Miles No comment 6.4.17 Exhibit Q—Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District No comment. 6.4.18 Exhibit R—Proof of Filing with County Clerk and Recorder No comment. • 31-AUG-2D10 OG:IIAM FROM-DIV RECLAMATION MINING 6 SAFETY +3031321106 T-941 P.006/006 F-733 • 6.4.19 Exhibit S—Permanent Man-made Structures 17.The Division is currently reviewing the Applicant's engineering analysis.Additional questions and comments concerning the engineering analysis will be sent to the Applicant upon completion of the review. This concludes the Division's preliminary adequacy review of this application.Please remember that the decision date for this application is Octobr 7,200. Aspreviously this mentioned, will if your yu are to provide satisfactory responses to any inadequacies prior responsibility to request an extension of time to allow for continued review of this application.If there are still unresolved issues when the decision date arrives and no extension has been requested,the application will be denied. If you have any questions,please contact me at(303)866-3567 x8116. Sincerely, Michael A. Cunning Environmental Protection Specialist • • • Greg Lewicki And Associates 11541 Warrington Court Phone(303)346-51% Fax:(303)-346-6934 Parker,CO USA 80138 E-Mail:inforiacwicki.biz September 7,2010 Michael Cunningham Division of Reclamation,Mining and Safety 1313 Sherman Street, Room 215 (303)866-3567 x 8116 RE: Lone Tree Pit,Miller Family Investments,No. M-2010-047,Preliminary Adequacy Review Response. Michael, The following items address the issues noted in your preliminary adequacy review of the Lone Tree Pit Application: • 1. Proof of publication in The Tribune which is the daily newspaper in general circulation in the City of Greeley is attached. I have also included the public notice that was sent to the surrounding property owners. 2. The applicant will mark both the permit corners as well as the mining area corners to delineate the 30' offset. 3. The foundation of the scale house will consist of 10-15 one ton concrete blocks. 4. There will be only one topsoil pile located along CR 37. There will be no overburden stockpiles. If more stockpiles are needed,the division will be notified prior to their construction. 5. The applicant has no comment on the permit area being 40.02 acres and the disturbed area being 35.91 acres. 6. Exhibit L shows the rib in Mining Area 2 being regraded from 1H:1V to 3H:1 V which would occur in the worst case mining scenario. It is the operator's intention to finish mining within Mining Area 3 and remove the rib resulting in a relatively flat pit floor. 7. The overburden placement in Mining Area 3 will be for final reclamation and will not require further adjustment prior to topsoil placement. • 8. The only topsoil stockpile on site will hold approximately 6,000 C.Y. If further storage is needed,the division will be notified prior to the construction of additional stockpiles. 9. The area delineated by the 5065 contour line within Mining Area 1 is 8.58 acres. Over this area the surface elevation would average approximately 5 feet below the 5065 elevation.This would result in approximately 43 acre-feet of water needed to fill the depression prior to discharging surface water through the 5 foot culvert leaving the site. Additionally,within the channel in Mining Area 1 a small area of approximately 0.39 acres will not be topsoiled. The purpose of this is to allow an infiltration area for collected stormwater. This area will be at the same grade as the surrounding land and erosion is not expected to be a problem from this area. The infiltration area will be seeded but is not expected to have as good of cover as the topsoiled areas. A revised Map F is included. 10. The channel will have 5H:I V slopes and will be 1' deep.The surrounding pit floor will slope to the channel at 2%and the side slopes will be 3H:1 V. Attached is a typical East to West Cross Section. • • • a) cro O 0 U N 0 N 0 � Z 0 o • 0 O 3 O °0 CD CO N � c We ro ror 0 'Q-0 � ro —o— N • 11. The operator will inspect the culvert each year and will clear any weeds noticed. 12.The operator will remove existing and any new debris from the site during the mining operation. 13. During mining of any of the mining areas,the maximum amount of water to be stored within the pit depression is approximately 43 acre-feet.After a large rain storm,the site will be inspected for accumulation of runoff. If the runoff is not expected to infiltrate within 72 hours,the water will be pumped to the portion of the channel in Mining Area 3 that will not be mined. This water will continue down stream to the 5' culvert and may infiltrate prior to reaching the culvert. 14. Some of the principal vegetation types on site are cheat grass,blue grams,prickly pear cactus and sage brush. 15. The applicant will review the reclamation costs calculations performed by the division once they are completed. 16. Weld County will require a burn permit to burn the weeds.This is a temporary permit and needs to be issued each time the burning is proposed on site.The operator will obtain a bum permit prior to burning weeds on site. 17. Additional question concerning the slope stability analysis will be review and a • separate response will be provided to the division. Please give me a call if there are any questions or additional information needed. Sincerely O./fritRyan Ellis,Greg Lewicki and Associates (303) 880-6690 • 11 ! Ji NffI • 00i 00 O 0, i . :3 O ii if I N I ul till CI s a3Al 11111 o d aOO oLic iliii , ': , fit p 1 K d d .{ f a; 2- d d .4 : o f o da 0 en acs sad N ' ol J1!4M1j i li I I ? i :Ail 1 ; I !fill n U ¢ X68 p 11 Vthflkn $ N.r. i othhlil - a III ' � • • • a a te u • • • a d • r 1I P ilk I dt- F ;its:, M1 c J m 1 " of 4i € IT IMI ! 0 it' ll i Ito; it SA I i E . , -ot!: I ill i a O M1 ittO 0s a a 440a 4, va IIhIIi1 y 111111 • I: il; I % 4- I � {{ iii 02 isani ❑❑ k ❑ ❑ R , oo !I k a j la ;Ne--- ii ii 4 t I I I = _ 0.0 ;; • Io � ❑ 1 1 ii I' il � 1 � a r1311 rto Ial Iii • ! Ili w i! HD 1 ''''Ln'l t • C d d d i o u 4 X cd d 44 of - 0 0 o- o o ci � o g m E n o • P 7� $; Y. U iiSS8525 fe o ym l i . 111 1 ' 1 II ' LL Y :it I A 1., Em$t _, � i grill : i .k it l W gill : I i1 l LL vW+.. ■ ■ ■ N E to ■ ■ • .- d E • U.S. Postal Service U.S. Postal Service,., CERTIFIED MAIL••, RECEIPT CERTIFIED MAIL, RECEIPT . A (Domestic Mai!Only;No insurance Coverage Provided) l•. (Domestic Mail Only:No Insurance Covervpr.Provided) S wt•I tys1 T IT. turdetiverylnformatlonv'alInut .:•„::• •..r.vw.uspv.com. G F.r ellverylni•rmeti•nvlstt•urwr•clteatwww.us. .c.m 0 _rrra��yy _ ,J p �(�.,t• �t_..t. rye . ru CrPostage St ekiy �U1 to Postage $ 10.44 0303 o eetYlled rim `` , 12.90 15 ; O Candied Fee 02.:r L. 1 t15 2 p %lam Reteg,l Fees. / Pee Here O Indium Normal Fee ` H ere 1 O (Elafereenreet Moused) \�� J Hare in (Endorsement Required) r.33 O nesUWbd Delivery Fee O Ha;IrkuM Odtary Ras „r0. (Endorawnant Required) $0.00 CI (Endoreament R«rsfed) $0.00- p �., ut Pot�p a Fees $ $5.54 07/19/2010 On CI Ha " Total Postage d Feet $ $5.54 07/19/2010 f=1 C3 Seel To IT /� eau ro frife.kt. 444, , `+�•li�Y o "&"•;tu:A6i'3vo.: k1.k` a S'ireet lie"r /�''101� w(,/ p. 0,..,,..,,,„. t G. �G x 7: ' CD a PO t3oz Na x .1 T i& Gee.Stabs.ZtP,4 fly Siius,Yrr14 a r .�� C}li co7G �a 4. " •O Sr l�S PS Foul 380G.Auq,••l7�t�� S•o l:rtrrw•to,hadreYcg4 S Fnrm a0 r 4.Auyu•.t Tf^% Sec r '.vtt fa hs8:,an nA U.S. Postal Service-, U.S. Postal Service..., CERTIFIED MAIL, RECEIPT CERTIFIED MAIL RECEIPT r` (Domestic MallOnly;No insurance Coverage Provided) O (Domestic Mail Only;No insurance Coverage Provided) Ill tra 0' F r every i rmeti n visit•ur w••sit.at wvnv.ua. .com- a'" F r.ailv•rylnf.rmotionvlsttnurw:•sl, atwwvr.us.s.q.rn: p O aistrY Co 80t,3i` i ,_, "..., 1::r lilll (b 80648 '` T7`y. Ln Lrl o+ Postage S ,44 030 6�' it rusteg, 6 $0 0303 D Csrpiied-s j 1�t+L• 14- ,, E�7 Certified Fee Y,.80 4 • O •' Oy otmark p Hektia Receipt Fw /•t/ �(J 15 Palma( O • Return Aewa:l Fee ar' Hero [� (Endorsement Required t I 1pre • G (e,worwnle a Rowed) 34+ t-` d �� r(/ CI HAetnGled Delivery Foe / tf Rastr Ued Derlvery sae (rndoroentonl Requited) (E_ndasernentRequ•rtal 10.00 ;-Ujj) o ��`��'"`"` 1 oCI `° pow Poataow&Fees $ $5.54 ' 912010' d•. Total Postage a Fees $ • 54 07/19/2010 0 o `�'c_�---�' S«;iro �,. --- 0 tr end-- .. 4L LA' • t O 'Strew.•tpi.No.. � ll.r�f��"?�r E7 'Wrest.Aei Ne: O a PO Boa No. 3y� CI or PC' aaa Nn �� 1 p '^T!�.! r" "silt slaw.Ite.4 � !'t �( /, / � co.Sisie.7Jf44 ,. •+ 9 g4 . 4� v SV• O int torn,304'4.Amours:7004 Ste uccnrsr lo.Lsl•u.:t7m,a PS Fonn?s40.A,.p,rel ip4K � F,•e Fl•meref•1 ,b,altUclE 'It U.S- Postal Service U.S. Postal Service CERTIPIED MAIL- . RECEIPT CERTIFIED MAIL,.. RECEIPT .1' (Domestic Mail Only;No insurance Coverage Provided) fT (Domestic Melt Only;No insurance Coverage Provided) N m p,, r1J For detivety information visit our woblltc at ww•w.uape.aom;. 4r1 PI(co I MEMO)80650 ".CO .1'• surtivAe IllO RI S .44 CB r4% 3 lit e4tgn $ ar'Q 10.44 0303 PastsCIP In nntdd r cermroc:For 80 (1 61 Cu do ppr�y Q .air 15 ek .Focuraary co Flew,Reese'Fee Rim UM 0 He turn NR,;eg feu • $ .3O Vb lU Aare G (t;neteruemonl Required) 92.30 al ler►keeenw,w Regwed) O Delivery Fe* O H..ruktedDesveryFee fF+Mxfemen Regwrc \'‘,.$0: .,p `n Tolat Puetrua a Fame $ $5.54 '07/19/2010 tr loan Postage a Fees $ 619r 2010 • sa,i rr �? I Cr ,L a;it.41 i .ti� "% I _ .q.1.':':�_.��14 O Suxet.apt nt�.; (�•+0 O Street Apt 1,io.. /3qf/v ` /1 O r FO(lox No. Y!� I''E t;ti:"steer.tr.e GIP.Stow, tFr a r 7�J (.SUS I .� 4 ;C) EG•i`� r •••,Au al?•3e 6ecHryrrw•,Irn ln,tructi ns • PS Pram gal&i(ugust 206 . So^4evicena for IIISOut o0 • Public Notice Miller Family Investment, LLC, whose address and phone number is 10614 Highway 66 Platteville, CO 80651 Phone(970)396-1687,has filed an application for a Construction Material Limited Impact(112)Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the Lone Tree Pit Pit,and is located at or near Section 12,Township 8 North, Range 66 W,6th Principal Meridian. The proposed date of commencement is October 2010, and the proposed date of completion is 2019. The proposed future use of the land is rangeland. Additional information and tentative decision date may be obtained from the Division of Reclamation,Mining, and Safety, 1313 Sherman Street,Room 215,Denver, Colorado 80203, (303) 866-3567, or at the Weld County Clerk and Recorder's office; 1402 N 17th Ave. Greeley, CO 80631, or at the above named applicant.A complete copy of the application is available at the above named County Clerk and Recorder's office and at the Division's office. Comments concerning the application and exhibits must be in writing and must be received by the Division of Reclamation, Mining, and Safety by on August,27th 2010. • Please note that under the provisions of C.R.S. 34-32.5-101 et s_a. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office is jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. • • PRELIMINARY DRAINAGE REPORT EXHIBIT J Site Location and General Description The proposed Lone Tree Pit is located approximately 3.5 miles northeast of Pierce in Weld County, Colorado. The site is bordered by dry land farming on the east, south and west. To the north is a gravel pit operated by Weld County Public Works and to the southeast is an exhausted gravel pit in the reclamation stage which is also operated by Weld County. The subject parcel is 055312000009 and is located in the northeast quarter of Section 12, Township 8 North, Range 66 West of the 6`h Principal Meridian. The parcel is located at the southwest corner of CR 37 and CR 96. The topography for the site slopes to the Lone Tree Creek which runs from north to south • through the site. The Army Corps of Engineers inspected the site and concluded that Lone Tree Creek within this parcel is considered an upland vegetated swale and no permit in needed through their office. There is no FEMA 100 year flood plain delineation within this property. This creek is dammed in several places upstream and rarely sees any flow. All mining will be conducted above the ground water table. The operation will mine sand, gravel and clay from an alluvial deposit of Lone Tree Creek up to a depth of 20 feet for the production of road base. The estimated production for the site is 150,000 tons per year. Of the total permit area of 40.02 acres, approximately 8.74 acres has historically been mined for road base. The approximate outline of the previous disturbance is shown on Map C-1. The previously disturbed area will be graded to a maximum slope of 3H:1V and the pit floor will be graded to match the rest of the mined out pit. There was no topsoil salvaged from the previous operator. All existing trees will remain in place after mining and reclamation. There are no residential or commercial developments in the area of the Lone Tree Pit. There are operating gravel pit to the north and to the east of this site and an exhausted gravel pit to the • south of the site. Lone Tree Pit, July 2011 K-1 • Description of the Property The permit area is 40.02 acres. The soil survey performed by the NRCS covers the permit area. The soils mapping is shown on Map C-1. The associated soils type descriptions are enclosed in this exhibit. The primary soils of the site are: 1 - Altvan fine sandy loam, 0-6 percent slopes 12 - Bankard loamy fine sand, 0 to 3 percent slopes 29—Haverson loam, 0 to 3 percent slopes Topsoil will be used to reclaim as it is stripped, with the exception of the initial stockpile which will be used for final reclamation. As mining progresses and overburden is encountered, it too • will be used immediately for reclamation. By reclaiming while mining, all soil will be salvaged as best as possible. All topsoil piles will be seeded within a month after they are created with the same rangeland mix shown in the reclamation plan. It is expected that approximately 0-6 inches of strippable topsoil will be available from the disturbed areas. Since there was pre-law mining conducted within Mining Area 3, there is little topsoil available within Mining Area 3. Overburden will be placed as a subsoil and topsoil salvaged within Mining Area 1 and 2 with be distributed across all Mining Areas. The undisturbed areas have small grasses and shrubs but they are sparse due to the minimal amount of precipitation in the area. • Lone Tree Pit, July 2011 K-2 Lone Tree Creak is the only channel in close proximity to the operation and does not have • ownership. There are roadside ditched along CR 96 and CR 37 owned by Weld County and they drain to Lone Tree Creek. In general, mining will proceed from Mining Area 1 to Mining Area 2 and finish in Mining Area 3. The processing and stockpiling will happen in Mining Area 1. The product will exit the site in highway truck on CR 37 and will travel to the various construction projects. The site will be reclaimed to rangeland and a channel will be established on the pit floor of the site. There are no irrigation facilities within 200 feet of the property. Groundwater is anticipated to be approximately 25 feet below the surface and will not be intercepted by mining. Drainage Basins and Sub-Basins • Lone Tree Creek drains the site as well at the general area around the pit. Lone Tree Creek has several dam preventing consistent flows. There have not been any flows for the past few years at this location on Lone Tree Creek. Additionally, directly up gradient of this site is a large gravel pit that will require filling with stormwater prior to flows entering this property. There is no FEMA 100 year floodplain for this stretch of Lone Tree Creek. The existing site contours are shown on Map C-1. The entire site drains to Lone Tree Creek. Adjacent properties drain to County Road ditches or directly to Lone Tree Creek. The property to the east would drain to this site if there was a significant event and will continue to do so during mining and after reclamation. • Lone Tree Pit, July 2011 K-3 . Drainage Design Criteria There are no known previous studies of this site for drainage. There are no know constraints for drainage for this site. The soil conservation service map shows the 24 hour 100 year event will produce 3.8 inches of rain for this area. All stormwater originating from on site will be contained on site in the depression left by mining. This water will then infiltrate into the groundwater. The drainage basin below any diversions is 3.9 square miles. Using TR-55, the runoff could be as high as 420 acre-feet. This amount will likely infiltrate and be stored in the up stream gravel pits. Excess off site stormwater will be allowed to enter the pit and when the depression is filed the remaining water will pass through the site and be discharged through the existing 5' culvert under CR 37 as it does today. Approximately 100 acres to the west of the site will contribute runoff during a large event to the pit prior to reaching Lone Tree Creek. This land is dry land farmland and will contribute minimal sediment due to the flat topography and the flows will be shallow and slow moving. • The detention within the Lone Tree Pit will not be elevated and therefore no detention structure is designed. Water quality monitoring point will be the 5 foot culvert going under CR 37. Drainage Facility Design All onsite stormwater will drain to the depression left by mining. No new hydraulic structures are planned. The only structure on site is the culvert under CR 37 and will be maintained from the pit floor to remove weeds. • Lone Tree Pit, July 2011 K-4 • _ ' f■ kk aJa § § § Z Z \ 0. e ! 3 . 21 � t � 4 4 I 2 k I n o k * � § in \ 2 2 2 \ 2 7 } j g 2 / / § § r e 1.. ■ in N. 8 8 ) / I 8 § § & k t 2 2i - k ` 8 LI 8 _8 CA CD el i ° .$ 0 3 i o c o (] 0 ° � �$ ® f 2 �i / & % u , a c c o E © , T ' it ii J < < J k 7 2 z S , th �� dam ' tu F. ° \CO §MC§ V()a \ca 2 \ Cl) u.@ ] ■ O. f / -.5 f fi 5 uJ i § 75 c \ \ i g f g of L ° } ) � � a ' f 8f / 2 ± q \ z. O k •— \ /a 7 ' IP ' J /- /- I - ) /\ ( --- i ' ! 2 \ § { I g / . � � 2 tk 0 t )3.) 0 4 - it ,1) % ] 1 M . � & a ) ] 2 /E % a 2 C } \ ) - § : ■{ z / f . \f gi- ( ( � � � 1:2 $ I- `{7 . ��—--— . i . 7 . • T o io Y Z i Z= I O IA f • z z z Z 16 6 Sa0 2 m _ il $ N g A 4 N N 1 o tl1 co, u, a..• {O Y C I , ; . 0 8 G 8 � I 8 „ 8 6i 8 8 8 ° 8 d 0 8 ✓ 00 M W C1 T 1 C 0 d d d 0 0 zoz 0ii sc S Q Q Q Q Q S S a i lV N I (i•k I iV 1 $ QQ < < < Z a -cg d Q 1 �y Nai N�cC� o_i a?J...1 CA CO CA U a1 li To 1 5 w hi i I a1iii It li Z 8 X 8 a V � 8 M JQC 1 ,~C O n P • t • PRELIMINARY TRAFFIC REPORT EXHIBIT K The material will be hauled out of the site primarily in 24 ton gravel trucks. The average daily loads will be approximately 20-25. The trucks will travel south on CR 37, and make their way to CR 90 which is paved. From there the direction will vary depending g on where the gravel is being sold. The gravel goads leading to CR 90 from the site will be watered and treated to minimize dust. • • Lone Tree Pit, July 2011 J-1 • WASTE HANDLING PLAN EXHIBIT L Waste generated during mining will be placed in a covered dumpster and will be hauled off site weekly during operations. Waste that was illegally dumped on site primarily along CR 37 will be hauled off site and disposed of in a land fill. • • Lone Tree Pit, July 2011 L-1 • DUST ABATEMENT PLAN EXHIBIT M The mining operation and haul roads will be watered by a water truck as needed to prevent fugitive dust. The operation and equipment will have air emission permits prior to operation commencement and these permits will supplied to the Weld County. The water to supply this dust abetment will come from a construction tap from the North Weld County Water District. • i Lone Tree Pit, July 2011 M-1 • File contains CD with digital copy of Application Materials • Please See Original File • Hello