HomeMy WebLinkAbout20101084.tiff Euvirouwept, Ipc.
LARRY E. O'BRIAN 7985 VANCE DRIVE, SUITE 205A
FOUNDER ARVADA, COLORADO 80003
303-423-7297
FAX 303-423-7599
May 20 , 2010
Weld County Clerk to the Board
910 10th Street
Greeley, Colorado 80601
Re: Application for a Mined
Land Reclamation Permit
Dear Sir/Madam:
We are delivering toyou here with a pp atib permit a lic bn �4r
the McEndaffer Pit to be operated by Willits Company, Inc Two
copies of the application are on file with the Division of Miner-
als and Geology.
This copy of the application is delivered to you pursuant to
34-32 . 5-112 (9) (a) , Colorado Revised Statutes 1995 , as amended,
which states in part :
.... the applicant shall place a copy of such application for public inspection
at the office of the Board and Office of the County Clerk and Recorder of the
county in which the affected land is located.
This book must be kept for public review until the permit
has been approved by the Division. We will contact you once it
is and make arrangements to pickup this copy.
Please acknowledge receipt of the copy of the permit appli-
cation by signing in the appropriate space provided below and
returning one copy of this letter to the person delivering the
book. This will be submitted to the Division of Minerals and
Geology to prove the application book was delivered to your
office.
Yours truly,
((ul�
enclosure
RECEIVED THIS DAY OF , 2010 one
g 13)fW copy of an MLRB application for referenced mine.
��%4UtauI tt) 2010-1084
Weld County Clerk to the Board
cc FL 5 i
By c
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1
WILLITS COMPANY,
1 INC .
1
1
' MCENDAFFER MINE
110 - Limited Impact Operation
1
' WELD COUNTY, COLORADO
May 2010
1
1 APPLICATION FOR A
LIMITED IMPACT MINED
1 LAND RECLAMATION
1 PERMIT
1
PREPARED BY
ENVIRONMENT, INC.
' 7985 VANCE DR., SUITE 205A
ARVADA, CO 80003
(303) 423-7297
1
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STATE OF COLORADO
DIVISION OF RKLAMATION,MINING AND SAFETY
I Department of Natural Resources
1313 Sherman St.,Room 215
Denver,Colorado 80203 COLORADO
Phone:(303)866-3567 DIVISION RECLAMATION
O F
I FAX:13 0 31 83 2-81 0 6
MINING
SAFETY
' CONSTRUCTION MATERIALS Bill Ritter,Jr.
LIMITED IMPACT(110)OPERATION
Governor
,tardy D.Shaman
RECLAMATION PERMIT APPLICATION FORM Executive Duator
I Ronald W.canny
Division Director
CHECK ONE: There is a File Number Already Assigned to this Operation Natural Resource Trustee
I Permit# M -_-__ (Please reference the umber currently assigned to this operation)
✓ New Application(Rule 1.4,5) Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
IPermit# M (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact(110)Operation Reclamation Permit contains three major parts: (1)the
I application form;(2)Exhibits A-),Exhibit L,Addendum I,any sections of Exhibit 6.5 and Geotechnical Stability Exhibit,as required
by the Office,and outlined in Rules 6.1,6.2,6.3,6.5,and 1.6.2(lxb);and(3)the application fee. When you submit your application,be
sure to include one(I)complete slimed and notarized ORIGINAL and one(1)copy of the completed application form,two(2)copies
of Exhibits A-I,Exhibit L,Addendum 1,and appropriate sections of 6.5(Geotechnical Stability Exhibit),as required,and a check for
I the application fee described under(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X
11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
' Type or print clearly,in the space provided, ALL information described below.
1. Applicant/operator or company name(name to be used on permit); Wing Company, Inc.
' 1.1 Type of organization(corporation,partnership,etc.): CorpOratiOn
2. Operation name(pit,mine or site newel: McEndaffer Mine
3. Permitted acreage(new or existine spelt 9.99 permitted acres
111 3.1 Change in acreage(+) acres
3.2 Total Acreage in Permit Area 9.99 acres
I 4. Fees:
4.1 New Application: 1S ,258.00 application fee
Amendment Fee(C.R.S.34-32.5-125(M): S827.00 application fee
4.2 Conversion Fee(from 110d to 110$2,696.00 conversion fee(Rule 1.11.2(2))
I 5. Primary commoditie(s)to be mined: Sand Gravel Borrow
5.1 Incidental commoditie(s)to be mined: I. / lbs/fons/vr 2. / lbs/fons/vr 3. / lbs/Tons/vr
I4. / lbs/fons/vr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s)to be mined: Specification Aggregates
IAnticipated end use of incidental commoditie(s)to be mined:
Office of • Office of
' Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
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-2-I 11. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
' Contact's Name: Bob Willits Title: President
Company Name: Willits Company, Inc,
I Street/P.O.Box: P.O.Box: 825
City: Cheyenne
State: WY Zip Code: 82003
ITelephone Number: (307 )_ 634-2300
Fax Number: f 307 1. 634-2310
I PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Stevan L. O'Brian (Steve) Title: President
Company Name: Environment, Inc.
' Street/P.O.Box: 7985 Vance Dr, #205A P.O.Box:
City: Arvada
I
State: CO Zip Code: 80003
Telephone Number: f 303 )_ 423-7297
Fax Number: (303 )_ 423-7599
' INSPECTION CONTACT
Contact's Name: Bob Willits Title: President
I Company Name: Willits Company, Inc.
Street/P.O.Box: P.O.Box: 825
City:
I State: WY Zip Code:
Telephone Number: (307 1_ 634-2300
I Fax Number: f 307 )_
:
634-2310
CC STATE OR FEDERAL LANDOWNER(if any)
Agency:
IStreet:
City:
State: Zip Code:
ITelephone Number: I )-
CC: STATE OR FEDERAL LANDOWNER(if any)
I Agency:
Street:
I City:
t
State: Zip Code:
Telephone Number: 1 )-
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-3-I 7, Name of owner of the subsurface rights of affected land: Kenneth McEndaffer
8. Name of owner of the surface of affected land: Kenneth MCEndaffer
I9. Tyne of mining operation: 7 Surface Underground n In-situ
10. Location information: The center of the area where the majority of mining will occur:
' COUNTY: Weld
PRINCIPAL MERIDIAN(check one): D 6th(Colorado) O 10th(New Mexico) ❑ Ute
' SECTION(write number): S 25
TOWNSHIP(write number and check direction): T I j ® North El South
IRANGE(write number and check direction): R 57 _a East 0 West
QUARTER SECTION(check one): NE U NW O SE I 1 sw
IQUARTER/QUARTER SECTION(check one): O NE S NW D SE O SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
22.5 Miles North of Stoneham Colorado , 4900"msl
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11. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
IExample: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
' Latitude(N): deg 40 min 54 sec (2 decimal places)
Longitude(W): deg 103 min 42 sec (2 decimal places)
OR
IExample: (N) 39.73691°
(W) -104.98449°
I Latitude(N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
IUniversal Tranverse Mercator(UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
IUTM Datum(specify NAD27,NAD83 or WGS 84)_WGS84 Zone 13
Easting _
' Northing
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' 12. Prima=uture(Post-mininpl land use(chec .1:
Cropland(CR) Pastureland(PL) General Agriculture(GA)
' Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
- Residential(RS) _ Recreation(RC) Industrial/Commercial(IC)
IO Developed Water Resources(WR) Solid Waste Disposal(WD)
13. Prim resent land use(check one):
I
Cropland(CR) Pastureland(PL) I General Agriculture(GA)
✓ Rangeland(RL) Forestry(FR) WildlifeHabitat(WL)
Residential(RS) nRecreation(RC) IndustriaUCommercial(IC)
IDeveloped Water Resources(WR) , Mining(MN)
14. If this operation will use designated chemicals,or will result,or presently has acid mine drainage-you cannot use this application
form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case,you must list
'
any acidic or toxic-forming materials,exposed or disturbed as a result of the mining operation,and whether the operation will
result in or presently has acid mine drainage:
NA I 15. Description of Amendment or Conversion:
' If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s):
I
Maps&Exhibits:
' Submit two(2)complete, unbound copies of the following application exhibits:
6.3.1 EXHIBIT A-Legal Description and Location Map
I6.3.2 EXHIBIT B -Site Description
6.3.3 EXHIBIT C-Mining Plan
6.3.4 EXHIBIT D- Reclamation Plan
'
6.3.5 EXHIBIT E-Maps,to include the location of any recorded easements
6.3.6 EXHIBIT F-List of Other Permits and Licenses Required
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6.3.7 EXHIBIT G- Source of Legal Right-to-Enter
6.3.8 EXHIBIT H-Municipalities Within a Two-mile Radius
6.3.9 EXHIBIT 1-Proof of Filing with County Clerk
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6.3.10 EXHIBIT J-Proof of Mailing Notices of Permit Application
6.3.12 EXHIBIT L-Permanent Man-Made Structures
1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
I6.5 Geotechnical Stability Exhibit(as required)
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Responsibilities as a Permittee:
Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of
' important requirements which you,as a permittee,should fully understand. These requirements are listed below. Please read and initial
each :euire en in the space provided, to acknowledge that you understand your obligations. If you do not understand these
ob '.ns the' please contact this Office for a full explanation.
I rA Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability
for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your
m ing operation in the event your permit is revoked and financial warranty is forfeited;
' The Board may suspend or revoke this permit,or assess a civil penalty,upon a finding that the permittee violated the
terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the
plication or your permit misrepresent important material facts;
I P�/ 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,
substantial civil penalties,to you as permittee can result;
I 4. Any modification to the approved mining and reclamation plan from those described in your approved application
/////q///// requires you to submit a permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
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J6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine
site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12):
Ia. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
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Reclamation Board;and,
c. the permit number.)I 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible
�✓ and adequate to delineate such boundaries prior to site disturbance;
I / `48. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed
in your application,as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the
It is issued.
' Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,and an
annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes
from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date
of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary
I date of July 1,1995,the annual fee is for the period of July 1,1994 through June 30, 1995.Failure to submit your annual
fee and report by the permit anniversary date may result in a civil penalty,revocation of your permit,and forfeiture of your
financial warranty. It is your responsibility,as the permittee,to continue to pay your annual fee to the Office until the
Board releases you from your total reclamation responsibility.
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NA 10. For joint venture/partnership permittee:the signing representative is authorized to sign when document and a power
of attorney(provided by the partner(s))authorizing the signature of the representative is attached to this application.
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NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have
any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes
may have been made to the application document.
' The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period.
You should contact the applicant for the final date of the public comment period.
' If you have questions about the Mined Land Reclamation Board and Office review and decision or appeals process,you may contact the
Office at(303)866-3567.
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ICertification:
' As an authorized representative of the applicant,I hereby certify that he operation described has met the minimum requirements of the
following terms and conditions:
1. All necessary approvals from local government have been applied for(Section 34-32.5 I10(1)(aXVIII).
' 2. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this
application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4Xe),C.R.S.). (NOTE: For 110 operations,the affected area includes all lands delineated by the permit
Iboundary.)
3. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4)(t),
C.R.S.).
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4. As the applicant/operator,I do not have any mining/exploration operations in the State of Colorado currently in violation of
the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials(Section 34-32.5-120,C.R.S.).
I 5. I understand that statements in the application are being made under penalty ofperjury and that false statements made herein
are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. 1984.
I This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,C.R.S.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of thisform shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123,C.R. . ,�
' 7
Signed and dated this ( 7 h ,, day of /V lGi� Zn/O
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Willits Company, c. If Corporation Attest(Seal) C.
.y'
Applic erator r -�
Signed: .41/4/CSigned:l d PPO p r '..6*.
*
Corporate Secretary or Equivalent
Title: President Town/City/County Clerk
1 •
State of (N 1 / �
D_.'— )
' r )ss.
County of �, ,/ )
The foregoing instrument was acknowledged before me this / 7/i- day of /4 . Z O/O
Iby Robert C.Willits as President iHits C mpany, Inc.
I ooxWry or'. LARAlitle �( � Not ublic
'7 VAN /
- , - • My Commission expires: 5
ISIGNATURES MUST BE IN BLUE INK
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TABLE OF CONTENTS
I
IPAGE #
LEGAL DESCRIPTION - EXHIBIT A 1
I EXHIBIT A-1 LOCATION MAP _ 2
EXHIBIT A-2 VICINITY MAP 3
SITE DESCRIPTION - EXHIBIT B
'
SOILS INFORMATION 4
VEGETATION INFORMATION 20
PERMANENT MAN MADE STRUCTURES 20
IWATER RESOURCES 20
MINING PLAN - EXHIBIT C 21
I RECLAMATION PLAN - EXHIBIT D 24
RECLAMATION COSTS 25
I EXHIBIT E-1 MINING PLAN MAP 26
EXHIBIT E-2 RECLAMATION PLAN MAP 27
OTHER PERMITS AND LICENSES - EXHIBIT F 28
ISOURCE OF LEGAL RIGHT TO ENTER - EXHIBIT G 29
IMUNICIPALITIES WITHIN TWO MILES - EXHIBIT H 34
PROOF OF FILING WITH CLERK AND RECORDER - EXHIBIT I 35
I NOTICE OF APPLICATION FILING FOR MINED LAND
RECLAMATION PERMIT - EXHIBIT J 36
IPERMANENT MAN MADE STRUCTURES - EXHIBIT L 38
APPENDIX
IPOSTED NOTICE CERTIFICATION 39
OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA 40
IEXAMPLE OF PUBLIC NOTICE 41
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LEGAL DESCRIPTION EXHIBIT A
AN AREA OF LAND LOCATED IN THE SEI/C E'/a, SECTION 25 , TOWNSHIP 11
NORTH, RANGE 57 WEST OF THE 6th P .M. , WELD COUNTY, COLORADO,
CONTAINING 9 . 99 ACRES ± .
' ENTRANCE AT 40°54 ' 04 . 02" , 103°42 ' 06 .24"
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MN 8°24'E - C^{'Y"7hy(r!'^q°LyrW^
Name: BATTLE CANYON PART OF SE/4NW4, SECTION q//LL/TS COMPANY, INC.
(CO) 25,T-11-N, R-57-W,ADAMS McENDAFFER MINE
Date: 05/19/10 COUNTY,COLORADO
I Scale: finch= 2,000 ft. Entrance 40d054'4 02" MAP EXHIBIT A-1 - LOCATION MAP
103d42'6 24'
CcyrgN(C)2038 MyT°9°
SITE DESCRIPTION EXHIBIT B
' SOILS INFORMATION
The following information was obtained from the basic soils
and vegetation information found thru the USDA' s National Soils
information page and the Soil Survey of Weld County. The vegeta-
tion information and seeding recommendations were provided by
local NRCS office . A single soil units is shown on the USDA map,
reproduced on page 7 following this text . The photo map shows
' the surrounding vegetation features and soil types . Not that
much of the area has no vegetative cover. This site is a series
of east/west trending fingers covered by a terrace deposit of
' gravel sand that is typical to this area.
The 26 - Eckley-Dix-Blakeland Complex, 6 to 20% slopes soil series
covers the entire 9 . 99 acres of this mine site . The general
' soils description indicates that this soil is well drained soil
found on gravel breaks in northeaster Weld County. The upper
' most horizon is 0 to 8 inches of a sandy clay loam that will be
usable as topsoil . On this site the topsoil coverage ranges from
0 to 2 inches with approximately 80% of the area being exposed
' sand and gravel where there is no topsoil or growth medium. We
will salvage all topsoil on the site for use during reclamation.
Underlying the topsoil is a 25 to 50 foot lens of gravelly sand
' that we plan to mine . The deposit lies in the upper part of the
Ogallala Formation that has an unspecified depth. We plan to
mine the upper 50 feet leaving the mine floor with a gentle slope
' from the toe west excavation slope to the east to facilitate
drainage .
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USDA United States A product of the National Custom Soil Resource
' a Department of Cooperative Soil Survey,
Agriculture a joint effort of the United Report for
4 NRCS IR�S States Department of
I V Agriculture and other Weld County,
Federal agencies, State
Natural agencies includingl Experiment
rime Colorado, Northern
Resources Agricultural Experiment
Conservation Stations, and local
' Service participants Part
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It 9/
Olt
May 19, 2010
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I Contents
Preface 2
I Soil Map 5
Soil Map (McEndaffer Mine) 6
Legend 7
Map Unit Legend (McEndaffer Mine) 8
I Map Unit Descriptions (McEndaffer Mine) 8
Weld County, Colorado, Northern Part 10
26—Eckley-Dix-Blakeland complex, 6 to 20 percent slopes 10
I Soil Information for All Uses 13
Soil Reports 13
Land Classifications 13
Land Capability Classification (McEndaffer Mine) 13
I Soil Chemical Properties 15
Chemical Soil Properties (McEndaffer Mine) 15
Soil Physical Properties 18
Engineering Properties (McEndaffer Mine) 18
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Physical Soil Properties (McEndaffer Mine) 21
Vegetative Productivity 25
Rangeland Productivity and Plant Composition (McEndaffer Mine) 25
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Soil Map
The soil map section includes the soil map for the defined area of interest, a list of soil
' map units on the map and extent of each map unit, and cartographic symbols
displayed on the map. Also presented are various metadata about data used to
produce the map, and a description of each soil map unit.
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Custom Soil Resource Report
Map Unit Legend (McEndaffer Mine)
Weld County,Colorado,Northern Part(CO617)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOl`'..
26 Eckley-Dix-Blakeland complex,6 to 20 9.9 100.0%
percent slopes
Totals for Area of Interest 9.9 100.0%
Map Unit Descriptions (McEndaffer Mine)
' The map units delineated on the detailed soil maps in a soil survey represent the soils
or miscellaneous areas in the survey area. The map unit descriptions, along with the
' maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas.A map unit is identified and named
' according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils.On the landscape,
however,the soils are natural phenomena,and they have the characteristic variability
' of all natural phenomena. Thus, the range of some observed properties may extend
beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic
class rarely, if ever, can be mapped without including areas of other taxonomic
classes.Consequently,every map unit is made up of the soils or miscellaneous areas
' for which it is named and some minor components that belong to taxonomic classes
other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
' map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management.These are called contrasting,or dissimilar,components.They generally
are in small areas and could not be mapped separately because of the scale used.
Some small areas of strongly contrasting soils or miscellaneous areas are identified
by a special symbol on the maps. If included in the database for a given area, the
contrasting minor components are identified in the map unit descriptions along with
some characteristics of each. A few areas of minor components may not have been
' observed, and consequently they are not mentioned in the descriptions, especially
where the pattern was so complex that it was impractical to make enough observations
to identify all the soils and miscellaneous areas on the landscape.
' The presence of minor components in a map unit in no way diminishes the usefulness
or accuracy of the data. The objective of mapping is not to delineate pure taxonomic
classes but rather to separate the landscape into landforms or landform segments that
have similar use and management requirements. The delineation of such segments
' on the map provides sufficient information for the development of resource plans. If
intensive use of small areas is planned, however, onsite investigation is needed to
define and locate the soils and miscellaneous areas.
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I Custom Soil Resource Report
Soil Map(McEndaffer Mine)
6.
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60926O 609210 609260 609320 60936D 609400 609440
40 54 4' 8 S 40'54 4'
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609200 609240 609280 609320 609360 609400 609440
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Custom Soil Resource Report
Map Unit Legend (McEndaffer Mine)
Weld County,Colorado,Northern Part(CO617)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
' 26 Eckley-Dix-Blakeland complex,6 to 20 9.9 100.0%
percent slopes
Totals for Area of Interest 9.9 100.0%
Map Unit Descriptions (McEndaffer Mine)
' The map units delineated on the detailed soil maps in a soil survey represent the soils
or miscellaneous areas in the survey area. The map unit descriptions, along with the
' maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas. A map unit is identified and named
' according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils.On the landscape,
however,the soils are natural phenomena, and they have the characteristic variability
' of all natural phenomena. Thus, the range of some observed properties may extend
beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic
class rarely, if ever, can be mapped without including areas of other taxonomic
classes.Consequently,every map unit is made up of the soils or miscellaneous areas
' for which it is named and some minor components that belong to taxonomic classes
other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
' map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management.These are called contrasting,or dissimilar,components.They generally
are in small areas and could not be mapped separately because of the scale used.
Some small areas of strongly contrasting soils or miscellaneous areas are identified
' by a special symbol on the maps. If included in the database for a given area, the
contrasting minor components are identified in the map unit descriptions along with
some characteristics of each. A few areas of minor components may not have been
observed, and consequently they are not mentioned in the descriptions, especially
where the pattern was so complex that it was impractical to make enough observations
to identify all the soils and miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the usefulness
or accuracy of the data. The objective of mapping is not to delineate pure taxonomic
classes but rather to separate the landscape into landforms or landform segments that
have similar use and management requirements. The delineation of such segments
' on the map provides sufficient information for the development of resource plans. If
intensive use of small areas is planned, however, onsite investigation is needed to
define and locate the soils and miscellaneous areas.
t
8
Custom Soil Resource Report
An identifying symbol precedes the map unit name in the map unit descriptions. Each
' description includes general facts about the unit and gives important soil properties
and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for
' differences in texture of the surface layer,all the soils of a series have major horizons
that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity,
' degree of erosion, and other characteristics that affect their use. On the basis of such
differences, a soil series is divided into soil phases. Most of the areas shown on the
detailed soil maps are phases of soil series. The name of a soil phase commonly
' indicates a feature that affects use or management. For example, Alpha silt loam, 0
to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
' These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.The
pattern and proportion of the soils or miscellaneous areas are somewhat similar in all
areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
' miscellaneous areas that are shown as one unit on the maps. Because of present or
anticipated uses of the map units in the survey area, it was not considered practical
or necessary to map the soils or miscellaneous areas separately. The pattern and
relative proportion of the soils or miscellaneous areas are somewhat similar.Alpha-
Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas that
could be mapped individually but are mapped as one unit because similar
' interpretations can be made for use and management. The pattern and proportion of
the soils or miscellaneous areas in a mapped area are not uniform. An area can be
made up of only one of the major soils or miscellaneous areas, or it can be made up
' of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil material
and support little or no vegetation. Rock outcrop is an example.
1
1
9
Custom Soil Resource Report
Weld County, Colorado, Northern Part
' 26—Eckley-Dix-Blakeland complex, 6 to 20 percent slopes
' Map Unit Setting
Elevation:4,200 to 6,200 feet
Mean annual precipitation: 14 to 19 inches
' Mean annual air temperature:46 to 52 degrees F
Frost-free period: 120 to 160 days
Map Unit Composition
' Eckley and similar soils:35 percent
Dix and similar soils:25 percent
Blakeland and similar soils:20 percent
Minor components:20 percent
Description of Eckley
' Setting
Landform: Breaks, ridges
Down-slope shape: Linear
Across-slope shape: Linear
' Parent material:Gravelly alluvium
Properties and qualities
Slope:6 to 20 percent
Depth to restrictive feature: More than 80 inches
Drainage class:Well drained
Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high
(0.20 to 2.00 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
' Calcium carbonate, maximum content: 5 percent
Available water capacity: Moderate(about 7.7 inches)
Interpretive groups
' Land capability(nonirrigated):6e
Ecological site: Gravel Breaks (R067BY063CO)
Typical profile
0 to 8 inches: Sandy clay loam
8 to 14 inches: Gravelly sandy clay loam, sandy clay loam
14 to 60 inches:Gravelly sand, very gravelly sand
' Description of Dix
Setting
Landform: Breaks, ridges
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Gravelly alluvium
' Properties and qualities
Slope: 6 to 20 percent
Depth to restrictive feature: More than 80 inches
1
10
1
Custom Soil Resource Report
Drainage class: Excessively drained
' Capacity of the most limiting layer to transmit water(Ksat): High to very high (5.95
to 19.98 in/hr)
Depth to water table: More than 80 inches
' Frequency of flooding: None
Frequency of ponding: None
Available water capacity:Very low(about 2.6 inches)
' Interpretive groups
Land capability(nonirrigated):6s
Ecological site: Gravel Breaks (R067BY063CO)
' Typical profile
0 to 12 inches: Gravelly loamy sand
12 to 24 inches:Very gravelly sand
24 to 37 inches:Very gravelly coarse sand
' 37 to 60 inches:Gravelly sand
Description of Blakeland
' Setting
Landform: Breaks, ridges
Down-slope shape: Linear
' Across-slope shape: Linear
Parent material:Arkosic sandy alluvium and/or arkosic sandy colluvium
Properties and qualities
' Slope:6 to 20 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Somewhat excessively drained
Capacity of the most limiting layer to transmit water(Ksat): High to very high (5.95
' to 19.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Calcium carbonate, maximum content: 5 percent
Available water capacity: Low(about 4.3 inches)
' Interpretive groups
Land capability classification (irrigated):6e
Land capability(nonirrigated):6e
Ecological site: Deep Sand (R067BY015CO)
Typical profile
0 to 12 inches: Loamy sand
12 to 60 inches: Loamy sand
' Minor Components
Manter
' Percent of map unit:8 percent
Ascalon
Percent of map unit:7 percent
Bresser
Percent of map unit:5 percent
11
1
1
Soil Information for All Uses
' Soil Reports
' The Soil Reports section includes various formatted tabular and narrative reports
(tables)containing data for each selected soil map unit and each component of each
unit. No aggregation of data has occurred as is done in reports in the Soil Properties
and Qualities and Suitabilities and Limitations sections.
The reports contain soil interpretive information as well as basic soil properties and
qualities. A description of each report(table)is included.
Land Classifications
This folder contains a collection of tabular reports that present a variety of soil
groupings. The reports (tables) include all selected map units and components for
' each map unit.Land classifications are specified land use and management groupings
that are assigned to soil areas because combinations of soil have similar behavior for
specified practices. Most are based on soil properties and other factors that directly
influence the specific use of the soil. Example classifications include ecological site
' classification, farmland classification, irrigated and nonirrigated land capability
classification, and hydric rating.
Land Capability Classification (McEndaffer Mine)
' The land capability classification of map units in the survey area is shown in this table.
This classification shows,in a general way,the suitability of soils for most kinds of field
crops (United States Department of Agriculture, Soil Conservation Service, 1961).
Crops that require special management are excluded. The soils are grouped
t according to their limitations for field crops, the risk of damage if they are used for
crops, and the way they respond to management. The criteria used in grouping the
soils do not include major and generally expensive landforming that would change
' slope, depth, or other characteristics of the soils, nor do they include possible but
unlikely major reclamation projects. Capability classification is not a substitute for
interpretations designed to show suitability and limitations of groups of soils for
rangeland, for forestland, or for engineering purposes.
' In the capability system, soils are generally grouped at three levels: capability class,
subclass, and unit.
13
Custom Soil Resource Report
Capability classes,the broadest groups, are designated by the numbers 1 through 8.
' The numbers indicate progressively greater limitations and narrower choices for
practical use. The classes are defined as follows:
- Class 1 soils have slight limitations that restrict their use.
' - Class 2 soils have moderate limitations that restrict the choice of plants or that
require moderate conservation practices.
- Class 3 soils have severe limitations that restrict the choice of plants or that
require special conservation practices, or both.
Class 4 soils have very severe limitations that restrict the choice of plants or that
require very careful management, or both.
' - Class 5 soils are subject to little or no erosion but have other limitations,
impractical to remove, that restrict their use mainly to pasture, rangeland,
forestland, or wildlife habitat.
' - Class 6 soils have severe limitations that make them generally unsuitable for
cultivation and that restrict their use mainly to pasture, rangeland, forestland, or
wildlife habitat.
' - Class 7 soils have very severe limitations that make them unsuitable for
cultivation and that restrict their use mainly to grazing, forestland, or wildlife
habitat.
' - Class 8 soils and miscellaneous areas have limitations that preclude commercial
plant production and that restrict their use to recreational purposes, wildlife
habitat, watershed, or esthetic purposes.
' Capability subclasses are soil groups within one class.They are designated by adding
a small letter, e, w, s, or c, to the class numeral, for example, 2e. The letter e shows
that the main hazard is the risk of erosion unless close-growing plant cover is
maintained; w shows that water in or on the soil interferes with plant growth or
' cultivation (in some soils the wetness can be partly corrected by artificial drainage);
s shows that the soil is limited mainly because it is shallow, droughty, or stony; and
c,used in only some parts of the United States,shows that the chief limitation is climate
' that is very cold or very dry.
In class 1 there are no subclasses because the soils of this class have few limitations.
Class 5 contains only the subclasses indicated by w, s, or c because the soils in class
5 are subject to little or no erosion.
Report—Land Capability Classification (McEndaffer Mine)
Land Capability Classification-.Weld County,Colorado,Northern Part
' Map unit symbol and name Pct.of Component name Land Capability
map unit Subclass
Nonimigat Irrigated.
26—Eckley-Dix-Blakeland complex,6 to 20
percent slopes
35 Eckley 6e —
25 Dix ... #fs —
20 Blakeland 6e 6e
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VEGETATION INFORMATION
1 . Current cover percent is : 0 to 40%
2 . Topsoil depth on site averages : 0 to 2 inches
3 . Seeding dates recommended: November 1 to May 1 .
4 . Fertilizer, if needed: Phosphate @ 40 lb/ac and nitrogen @ 40 lb/ac.
5 . Mulch 4 to 1 . 0 ton/acre weed free grass hay or straw
6 . Seeding recommendation for area:
' Non-Irrigated Native grass seed recommendation
Seed Rate PLS/acre
Switchgrass 2 . 5
' Western Wheatgrass 8 . 0
Sideoats grama 4 . 5
Blue Grama 1 . 5
Yellow Indiangrass 5 . 0
21 . 51
NOTE: 1/ Indicated rate if drilled. The mixtures will be doubled if broadcast.
This seed mix will provide 38 . 50 seeds/ft2/acre . The seed
' will be drilled where possible and doubled if broadcast . The
site is currently series of gravelly fingers associated with the
Chalk Bluff Table in norther Weld and Logan Counties . It has no
' special or unique characteristics as the site has been used as
rangeland for many years . This is a very poor rangesite due tot
he lack of vegetation. The plant community is 80 to 90 percent
grasses and 15% perennial forbs and sagebrush.
' PERMANENT MAN-MADE STRUCTURES
An existing dirt road, Colorado State Highway 71 is the only
structure within 200 feet of the mine . This dirt road has been
used by the landowners to access their property and was improved
by another mine operator to access 2-111 permits they have on
adjoining parts of Section 25 . This gravel road is owned by the
' landowner we leased the gravel from and our lease calls for
leaving it when we complete reclamation so he has access to the
level area.
' There are no above or below ground communication or power
lines, fences, bridges, wells, pipelines, water storage impound-
ments, railroad tracks, cemeteries or communication antennas
' within 200 feet of the affected lands .
WATER RESOURCES
20
MINING PLAN EXHIBIT C (CONY)
' There are no water structures on the site . The closest
water body is the South Platte River that at its closest point is
approximately 32 miles southeast of the site . Review of well
' data from the Office of the State Engineer' s files on the sur-
rounding area indicate the highest ground water table is approxi-
mately 285 feet below the proposed floor level of the mine .
' Our investigations also found that Mr. McEndaffer owns 2
wells in the eastern part of Section 25, one is 195 feet deep the
other is 1035 feet deep. We do not expect to encounter ground
water on this site for that reason. We will not affect the
hydrologic balance or the surface or subsurface water in the
area. This will be a dry mine .
' MINING PLAN EXHIBIT C
6 .3 .3 - This is an open pit mine located approximately 20 . 5
' miles north of Stoneham, Colorado and 3300 feet east of HWY 71 .
From Stoneham follow HWY 71 north, 20 . 5 miles to a private
driveway on the west side of the road used to access the mine . ;
then take this private road west approximately 0 . 75 miles to the
Mined area. This access serves two other mines in the section
both 111 permits operated by Lafarge that are currently being
reclaimed. This road is currently 30 feet wide and the location
is shown on the Vicinity Map Exhibit supplied with this applica-
tion. Periodic grading will be necessary to keep the road in its
present condition and to make it passable . It will remain after
mining is complete as access for the landowners .
' Approximately 800 feet north of this site is the Stoneham
Pit #2 (M-2005-017) operated by Lafarge . It appears that this
site has been reclaimed and is awaiting bond release . The
eastern part of our haul route uses the same access road to reach
the highway. The landowner have required us to use this route as
it leads to the primary access to HWY 71 .
' We anticipate the life of this mine to be between 1 and 5
years depending on the amount of material in the mine and the
market demand. The site is currently used as rangeland and
' consists of a gravel bench typical to this area . The usable
material on this site is 25+ feet deep.
We plan to start mining into the north side of the northern
' most finger where the access road enters the permit boundary. At
21
MINING PLAN EXHIBIT C (coNT)
' this point we will begin by mining into the deposit leaving a
level floor with 3 : 1 slopes where appropriate . Once the floor is
established we will begin to mine from north to south until all
' gravel is removed. The mine perimeter slopes will be graded 3 : 1
as mining progresses so no additional sloping will be necessary
when mining ends . This will leave a near level area as shown on
' the Reclamation Plan Map. Gravel processing will take place on
the north end of the site .
' The material will be used to supply construction aggregates
including road base and pit run material for use on Wind Turban
pads for a wind farm in the area. The land will remain rangeland
' as mining progresses and once reclamation is complete the area
will be reseeded so it will have the same use as now exists .
Initially, the mine will be sloped so all surface water runoff
' can be contained on the site until reclamation is complete . The
nature of the material will allow any surface accumulations of
water to soak into the ground. All stormwater on the site will
' be directed into the active mine area and there will be no
discharge or impounding of water. As mining progresses a section
in front of the working face will be stripped of topsoil .
' The topsoil will be placed around the mine setback or mine
floor for use in reclamation. As mining progresses into the
' deposit the working face will be mined near vertical and the
exterior slopes will mined 3h to lv. Resoiling and shaping will
run concurrent with mining so that if mining ended prematurely
' only when working face would need grading and resoiling.
Of the 9 . 99 acres ± in the permit area, approximately 8 . 74
acres ± will be mined, 1 .25 acres ± will be setbacks around the
mined area. These setbacks are shown on the Mining Plan Map and
are 15 feet wide along the west and south sides and will be
created on the north and east .
The processing plant will be placed on a constructed level
bench on the north end so the plant site and stockpile area will
close to the haul road. Mining will be done by loading material
' from the working face into the processing plant or trucks with a
frontend loader . Scrapers may be used to move the material to
' the plant as the working face moves to the south. As the deposit
deepens we may begin to push material from the upper reaches of
the mine to the floor using a dozer. The RECLAMATION MAP -E-2
1
22
MINING PLAN EXHIBIT C (coNT)
shows how we think the area will look when mining ends and
reclamation is complete .
On-site equipment may include, but is not limited to, a
' motor grader, front-end loaders, motor scrapers, a dozer, convey-
ors, a crushing and screening plant, dump trucks and a water
' truck. Processing will be done on site to build material stock-
piles that will be removed as needed.
We expect the mine to operate year around with periods of
' inactivity when adverse weather conditions exist . There may be
periods when no activity takes place on the mine because there is
no demand for material . We can not estimate how long these
' periods of inactivity will be, but may last up to 6 months or
more .
When topsoil is encountered it will be stripped and stock-
piled around the perimeter of the site or on the mine floor for
use in reclamation. We will place as much topsoil as salvaged
but this may be only an average of 2 . 0 inches on the disturbed
' area. If the soil stockpiles remain undisturbed for more than
one growing season a cover crop of Crested Wheatgrass will be
' planted at a rate of 3 . 0 lbs pls/200 Ft' .
We expect to have 9 . 00 acres ± or less disturbed at any one
time . The bond estimate presented on Page 27 shows the amount of
' land we will disturb at a worse case scenario. As mining pro-
gresses we expect to have no more that 500 linear feet of working
face would needs to be shaped at any one time . The mine face
' will be worked in one of two ways, either it will be mined at a
3 : 1 rate or worked as a vertical face. If a vertical face is
worked then at the end of each mining session the highwall will
' be graded 3h to lv so no slope grading will be necessary if
mining ends prematurely. The floor of the mine will be graded as
shown on Map Exhibit E-2.
' Little or no water will be used at the site . If dust
control water is used it will be obtained from sources owned by
Ken McEndaffer and made available to us for that purpose . We
will make sure it is an approved source for our use . We expect
to need from 1 to 1 . 5 acre feet of water per year for dust
' control .
23
1
RECLAMATION PLAN EXHIBIT D
6 .3 .4 - Final grading will be such that the topography is
appropriate to the reclaimed use of the property, i .e. , as range-
land. The slopes left when mining ends will be graded 3h to lv
and the floor of the mine will gently slope from west to east .
The Reclamation Plan Map - Exhibit E-2 shows how we think the area will
look when it is reclaimed.
Reclamation will begin as the exterior limits of the mine are
reached and we begin to mine the outer slopes to their final rate .
t This will be done to reduce the bond amount and leave 3 : 1 slopes
that will only need resoiling and revegetation if mining ended
' prematurely. Once enough area is done and will not be disturbed
again the salvaged topsoil will be spread on the excavated and
exterior slope area. The depth of the replaced topsoil will
' average 2 inches . If needed, fertilizer will be used to enhance
the seedbed and will be spread on the seedbed and disced in during
seedbed preparation.
' Seeding will occur between November 1" and May 15`h. Gener-
ally before the first freeze in the fall or after the last freeze
in the spring. The seed will be drilled to insure maximum germi-
nation and most rapid cover establishment . The seeding mix and
species of grasses to be used on the area are shown on page 21 of
this report . This is a seed mixture was prepared by the NRCS for
' use in this area and it has been used successfully on other gravel
mines in this area. The seed will be obtain from a supplier in
the area so the mix is adapted to local conditions . We also
expect to see a natural invasion of forbs and woody plants from
surrounding areas . Only inaccessible areas (if any) will be
broadcast seeded. If the seed is broadcast, the seed rates will
be doubled. Mulch will be placed on the area when seeding is
complete and no trees or shrubs will be planted at this time .
Weed control will be implemented prior to and during
' revegetation activities . This does not mean we will attempt to
kill all weeds, since some provide a natural ground cover and
shade for emerging grass . We will concentrate on controlling the
noxious weeds on the reclaimed area, following the weed control
plan prepared for the site . Cattle will be kept off the site
' during the first two years to insure the seed takes . If neces-
sary the area will be fenced using a single strand of electric
fence around the seeded area . After the second growing season
' the site will be inspected and an assessment of revegetation
success will be done to determine if additional seeding will be
necessary. If the analysis shows additional work is needed it
will done that fall .
24
ill
I
RECLAMATION COST ESTIMATE
I
I The following Reclamation Cost estimate is based on the
assumption that there will be no more than 9 . 00 acres ± distur-
bance at any one time. The mine working face will be 500 ft long
by 35 feet high and that when it comes time to resoil the area,
I
an average of 2 inches of soil would be spread over the disturbed
area. At that time we will have to respread 2 , 350 cubic yards of
topsoil and move 5, 210 cy of cut\fill sloping. The table below
I outlines the various areas of disturbance at the time explained
above. A D6N Cat Dozer is used to estimate the shaping and
resoiling costs in this calculation and the mobilization haul
distance is 25 miles from Kimball, NB . The revegetation cost
I
figure used includes fertilizer, grass seed, mulch, labor and
drilling costs .
I STAGE TOTAL SOIL DEPTH
NEEDING RESOILING 9.07 2°
REVEGETATION AREA 9.07
RESOIL @ 2' 2,350 CUBIC YARDS
' CUT/FILL SLOPING 5,210 CUBIC YARDS
ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS:
I
Unit Cost
1. Revegetation areas includes grass seed, fertilizer
and labor to drill $ 500. 00/AC.
2 . Re-spreading soil and/or growth media with
I D-6N Cat Dozer, push distance 200 ft or less $ 0 .331/YD' '
3 . Cut/fill working face 500 feet long by 30 feet high
D-6N Cat Dozer, push distance 100 ft or less $ 0 .519/YD' 1/
I4 . Shape seedbed 140G Cat motor grader, 8.74 acres per hour $ 48 .53/AC '-/
RECLAMATION COSTS
I 1 . Revegetation, 8 . 74 ac @ $500. 00/ac $4, 370. 00
la. Secondary revegetation 8 .74 ac @ 33% * $500 . 00/ac 1,442 . 10
2 . Resoiling, 2 , 350 yd' @ 33 . 1/yd' 777 . 93
3 . Cut/fill highwall 5,210 yd' @ 51. 9 /yd' 2, 703 . 07
'
4 . Shape seed bed 8 .74 acres @ $48 . 53/ ac 424 . 15
Net Total $9, 717 .25
I 6 . Indirect costs
Mobilization 2, 992 .37
Insurance, Bond, Management& Profit 1,270 . 05
7 . Administration costs 1, 049 . 36
ITOTAL ESTIMATE $15, 029 .03
Recommend bond be set at $15,000.00
I
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25
I
WIZ LITS COMPANY, INC.
I PRE—MINIG MAP — EXHIBIT E-1
McENDAFFER MINE
I
^ — OWNERSHIP AF�C�mwTf1IN 200 FEET
AND
S. M ENDARPF Iinu i. y 4Mer
' 81 Highway 71
71,881 N n, CO 80754
ROAD 331 N ottsThiG1 ?4-- _\...._.,
`
VEGETATION
I
aH-
-
' A 49
00
' Dm
N
� A � � O O
' � �
Lies " Qg i\-5' DATE:MAY 19. 2010 - 16:00:39
� 0 100 200 400
illu u
\ /I SCALE 1'=200'
\_ °\\---1
CONTOUR INTERVAL 10 FEET I i ----\--- .; LEGEND
PERMIT UNE/AFFECTED LANDS el — 200 FOOT UNE
' FE Mu a s • ROADS
\ MINING DIRECTION
I \ —// 8.74 AC. t AREA TO BE MINED
lalla TOPSOIL PILES
PREPARED BYENVIRONMENT, INC. PAkf OF 5;/9NW1/4 5cllON 25,TOWNSHIP
7985 VANCE DR., 8 205A II NOPI11, MICAS 57 FA51, 6Th P.M.
ARVADA, CO 80003
(303) 423-7297 Nall COINO', CO-OVAPO
I
I
WILLX 7'S COMPANY, INC.
I RECLAMATION PLAN MAP - EXHIBIT E-2
McENDAFFER MINE
I
$
I v
OWNERSHIP WITHIN 200 FEET
K M ENDARFF r.
I 81331 N Highway i I
Stoneham, CO 80754
' L.
' '° 1
J
o N
I
To
\ 799 IT s t : lI-O O 2
l b D 0
l _ Ni
7 DATE:NAY 19, 2010 - 1214 43
' '"tee
co
' / 0 100 200 400
SCALE =200'
I
\ CONTOUR INTERVAL: 10 FEET
LEGEND
' ossPERMIT UNE/AFFECTED LANDS
- 200 FOOT LINE
' FE • m - - o • ROADS
\N',...
8.74 AC.t REVEGETATED AREA
1
1
PREPARED B(E RONMENT. INC. I'M OF /4 MM/4,5`CTION 25,TOWN9-tir
' 7985 VANCE DR., 8 205A II NOKM, ma 57 EAST, 6Th P.M.,
ARVADA, CO 80003 Mt17((AMY, CO,OVAPO
(303) 423-7297
1
1
OTHER PERMITS AND LICENSES REQUIRED EXHIBIT F
1
' 1 . Application for an Air Pollution permit will be made for
this mine .
' 2 . The Weld County Planning Department has said no permit is
needed.
3 . This is an open pit operation and ground water will not be
exposed so a well permit and temporary supply plan is unnec-
essary.
' 4 . A dredge fill permit (404) is not required because there are
no waters of the U.S . on this site .
' 5 . A Storm Water Management Plan (SWMP) will be prepared for
this pit if there is a potential for surface water leaving
the site .
' 6 . A NPDES permit to cover stormwater runoff and dewatering is
not required, all stormwater will be retained on site and
allowed to soak into the sand substrata.
1
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28
SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT G
' lease
Mineral Estate of Sand, Rock and Gravel
This tease,including specifically for the purpose of mining, removing,crushing, processing,and
marketing of all sand, gravel, rock, dirt,soil,and fill material,egress,ingress, maintenance, repair,and
all other uses of the premises as normally associated with a gravel pit is entered into this//ft,day of
AA ay ,2010, between Kenneth V.and Naomi K. McEndaffer, Landlord and Willits Company,
' Inc.,a Wyofning corporation, PO Box 825,Cheyenne Wyoming,82003,Tenant.
RECITALS
WHEREAS,the property which is the subject of this lease is owned by the Landlords.
' WHEREAS,Tenant, is in the business of excavation,and mining of gravel,sand and rock for the
purpose of marketing said mined material.
' WITNESSETH
In mutual exchange of consideration the parties agree to the following terms and conditions of
' this lease agreement. The Landlord, does hereby let and lease to said Tenant, the following described
property,to wit:
' 20 acres located in Section 25 Township 11 Range 57 known as 61331 N Highway 71 in Weld
County Colorado.
The above described property to be herein refereed to as the Premises.
' The initial term of lease shall begin on the In day of June, 2010 and continue for 1 year. Tenant
shall have the option to extend the term of this Lease Agreement for 1 more year upon written notice
1 sent to Landlord at least 30 days prior to the term in effect. Any extensions so make shall be upon the
same terms and conditions as contained herein.
I. Landlord covenants that on performing the covenants contained In this lease agreement,Tenant
shall peacefully and quietly have, hold, and enjoy the demised Premises,for the use of the premises for
mining,removing, crushing, processing of mined materials,and mixing of imported materials,and
' marketing of all sand,gravel,and rock, dirt,and fill materials, ingress and egress to and from the
Premises. All of the above activities to be conducted pursuant to Tenant's permits and by the authority
of said permits issued by the State of Colorado and/or Weld County governments. Any bond(s)
' required by such permits shall be at the sole expense of Tenant. All top soil to be stored upon the
premises for reclamation and not be sold as a product of the intended operations herein.
' 2. The tenant agrees to pay the Landlord as rent royalties in the following manner. Tenant shall
pay Landlord during the term of this lease,-for each ton of material,sand,gravel or
rock,mined and removed from the premises, hereafter referred to as Royalties.
' A. Tenant shall provide to Landlord monthly reports showing the quantity of materials mined
and shipped during the preceding month. Monthly reports shall be delivered by mail or
' 1
SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT G
personal service,to Landlord on or before the 20th of each month. Contained within each
report shall be royalty payments, calculated pursuant to the terms herein.
B. If any monthly payment is not mailed or sent within 10 days of any due date,Tenant agrees
' to pay a late charge of 1.5%per month interest of any unpaid monthly amount,in addition
to monthly amount due.
' C. Tenant shall keep an accurate record of all materials mined and removed from the premises
and sales thereof. Landlord shall have the right at any time Monday through Friday,8:00
A.M.to 5:00 P.M. and upon 24-hour advance notice to Tenant to examine the books and
' records of Tenant for purposes of verification of amounts payable herein.
D. Tenant shall use its own truck scales,or loader scales,to be located upon the premises,and
' shall weigh all materials prior to shipping material from the premises. Truck scales shall be
certified by the State of Colorado on an annual basis, at Tenants expense.
' 3. Tenant shall have the right to make use of all roadways presently existing on the premises and
shall have the further right to upgrade or widen such existing roads as pertaining to the mining and
' removal of materials hereunder. In upgrading or widening roads,Tenant may use materials from the
premises and Tenant shall not be required to pay and royalties to Landlord for materials so used.
Tenant shall not build new roads upon the premises without written consent of Landlord.
' 4. Tenant may construct and operate a crushing,screening,water tanks and mixing equipment to
process mined and Imported materials. Tenant may also have the right to allow campers,or portable
' housing on the premises for its employees.
5. Upon termination of this lease, with the exception of any roads and culverts constructed on the
' premises,Tenant shall have the right to remove any equipment, plants or other improvements
constructed on the premises. Tenant shall have a reasonable period of time following termination
within which to remove the above as such reasonable time Is set forth as six(6) months following
' termination. Tenant shall have the right to keep sufficient equipment upon the premises following
termination to perform any and all reclamation work until completion of reclamation work to the
satisfaction of all reclamation authorities.
' 6. Landlord agrees to timely pay all real estate taxes levied upon the premises. Tenant shall pay
mineral severance taxes,as said taxes become due, and which are levied upon the premises. Tenant
' agrees to pay any taxes resulting from Tenant's equipment.
7. If any default is made in the performance of,or compliance with,any other term or condition of
' this lease, Landlord shall give written notice on the default to Tenant. The written notice shall specify
each and every term or conditions which the Landlord claims is a default by Tenant. For non payment of
rent or royalties,Tenant shall have ten (10)days after notice to cure said default. For any other default,
' Tenant shall have thirty(30)days to cure said default. In the event that Tenant fails to pay,correct,
remove,or cure said default within such period, Landlord may,at its option terminate this lease.
' 2
I
' SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT G
A. Any notices between the parties, required or desired herein,shall be sent to the
'
addresses set forth herein or other such address of Tenant,or Landlord,or any substitute address
provided by either party.
' B. If this lease is terminated by Landlord, Landlord shall have such right to damages,and
remedies,as permitted by law. For any breach of this lease, by Landlord,Tenant shall have such
Idamager,and remedies, as permitted by law.
C. Tenant shall have six(6)months after any termination of this lease in which to remove
I any plants,improvements,or equipment,placed upon the premises by Tenant.
D. Reclamation shall be completed in accordance with the reclamation plan approved by
the appropriate government agency and within such time as permitted by the reclamation plan and/or
'
governmental agency.
8. Landlord covenants and warrants the following;
A. landlord now holds title to,and possession of,the premises free and clear of all former
grants,sales,liens,encumbrances and/or leases of an kind;
IB. real property taxes have been paid, when due,
' C. landlord holds good title and merchantable title to the sand,gravel, rock, dirt,soil and
mineral estate.
I9. Tenant covenants and warrants the following:
A. Tenant shall,at Tenant's expense, keep and maintain in full force and effect any and all
applicable permits necessary for Tenant's operations permitted herein.
I
B. Tenant shall operate the operations permitted herein, in a lawful manner.
IC. The above warranties shall continue throughout the term of the lease.
10. Notwithstanding any provision herein to the contrary,Tenant may, upon sixty(60)days written
Inotice to Landlord, cancel and terminate this lease upon the occurrence of any of the following:
A. Tenant does not receive a contract to provide materials to the Cedar Creek Wind II from
IBlattner Energy.
B. Tenant has determined that materials can no longer be profitably mined and removed
I from the leased property;
C. State of Colorado,or any other applicable government agency fails to initially issue any
permit or authority to perform the operations agreed to herein;
'
I 3
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1
SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT G
D. State of Colorado,or any other applicable government agency terminates,withdraws or
fails to renew any permit or authority to perform the operations agreed to herein;
E. State of Colorado, or any other applicable government agency issues a cease and desist
order upon Tenant,which results in Tenant's inability to operate as agreed to herein.
F. Any other reason which results in Tenant being unable, impossible,to continue Tenant's
operations on the premises as set forth herein.
11. Tenant shall not allow any mechanic's liens to be placed or filed upon the premises,related to
improvements,service or materials being supplied to the Property or pursuant to Tenant's possession of
the premises. Tenant shall keep the premises free and clear of any liens or encumbrances of any kind
whatsoever created by the Tenant's act or omissions. If Tenant causes any lien to be filed against the
premises by reason of materials supplied to labor performed during the term of this lease,Tenant at its
sole expenses shall cause said lien to be discharges and agrees to indemnify and save harmless Landlord
for,from,and against each and every claim and lien, loss,cost,damage, and expenses including,
without limitation, reasonable attorney's fees and cost arising out of such lien or claim.
12. Tenant shall maintain the premises in a clean and orderly appearance at all times.
13. The covenants and conditions contained in this lease agreement shall apply to and bind the
heirs, legal representatives,and assigns of the parties,and all covenants are to be construed as
conditions of this lease.
14. Any modifications of this lease or additional obligation assumed by either party in connection
with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized
representative of each party.
15. Tenant agrees to maintain,at Tenant's expense,at all times during the term of this lease a
commercial general liability insurance policy with combined single limit for bodily injury and property
damage of at lease$1,000,000.00 for each occurrence,with an aggregate limit of no less than
$2,000,000.00, insuring representatives arising out of or in connections with Tenant's use and
occupancy of the premises. Landlord shall be named as additional insured on Tenant's policy.
16. This agreement is made with the expressed understanding and agreement that,in the event
that Tenant becomes Insolvent, is declared bankrupt,assignment of Tenant's property should be made
for the benefit of a creditor, or if Tenant's leasehold estate,as created herein shall be levied upon under
execution,or seized by virtue of a writ of any court of law,or a receiver be appointed for the property of
Tenant,then in any of the above events,the Landlord may declare this lease ended and all rights of
Tenant hereunder shall terminate and cease.
17. All personal property,such as but not limited to,equipment, plants machinery,vehicles,
supplies and materials of any kind or description whatsoever upon the premises,which is the property
of Tenant,shall be the Tenant's sole risk,and except for breaches of this lease,the Landlord shall not be
liable for any damage due to loss of such property,or for the damage or loss suffered by the business or
4
1
SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT G
occupation of the Tenant arising form any act or neglect of covenants or other occupants of the
premises.
18. Landlord may enter upon the Premises,for any reason,during normal business hours,without
notice. Landlord may enter the property at any time to manage control or operate agricultural
operations being performed outside of the gravel operations fenced area.
19. Tenant will not allow the premises to be used for any purposes prohibited by the laws of the
State of Colorado,or the ordinances of the County of Weld in which the premises is located. In addition
Tenant shall at all time operate the business located upon the premises in compliance with all Federal,
State and County,rules, regulations and laws.
20. It is agreed that no assent,expresses or implies,to any breach of any one or more of the
agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. Any
payment by Tenant and acceptance by Landlord of a lesser amount than due shall be treated only as a
payment on account and not as full payment. Failure of the either party to timely pay for taxes,
insurance,or repairs as required herein, shall not be deemed a waiver.
21. Landlord may make whatever use of the premises,which is not being mined for any purposes
which does not interfere with Tenant's use of the premises.
A. Landlord may go upon the premises for the purposes of harvesting crops or grazing
cattle.
1 x cill KC •
1 Landlord Landlord
Kenneth V. McEndaffer Naomi K. McEndaffer
61331 N Highway 71 61331 N Highway 71
Stoneham, 80754 Stoneham, CO 80754
enant
Willits Company, Inc.
Robert C.Willits, President
PO Box 825
Cheyenne,WY 82003
1
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1 5
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MUNICIPALITIES WITHIN TWO MILES EXHIBIT H
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I None
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34
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1
PROOF OF FILING WITH CLERK AND RECORDER EXHIBIT I
' May 20 , 2010
Mr. Bruce Barker
' Weld County Clerk to the Board
915 10th Street, 3rd Floor
Greeley, Colorado 80632
Re : Application for a Mined
Land Reclamation Permit
Dear Mr. Barker;
We are delivering to you here with a copy of an application
' for the McEndaffer Mine, a Limited Impact (110) Construction
Materials permit, to be operated by Willits Company, Inc . . Two
copies of the application are on file with the Division of
' Reclamation, Mining & Safety (DRMS) .
This copy of the application is delivered to you pursuant to
34-32 . 5-112 (9) (a) , Colorado Revised Statutes 1995, as amended,
which states in part :
' . . the applicant shall file a copy of such applica-
tion for public inspection at the office of the County
Clerk and Recorder of the County in which the affected
' land is located.
Please acknowledge receipt of this copy of the permit
' application by signing in the appropriate space provided below
and returning one copy of this letter to the person delivering
the book. Please hold the book for pick up after the application
has been heard by the MLRB (approx. 100 days) .
' Yours truly,
Stevan L. O'Brian
' President
enclosure
' RECEIVED THIS_ DAY OF , 2010
MLRB application for the referenced mine.
By
Weld County Clerk and Recorder
35
1
1
PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
' LIMITED IMPACT(110)APPLICATION
NOTICE TO COUNTY COMMISSIONERS
Weld COUNTY
1
' Willits Company, Inc . (Operator) has applied for a Construction
Materials Limited Impact Reclamation Permit from the Colorado
Mined Land Reclamation Board ("the Board" ) known as the
' McEndaffer mine to conduct mining operation in Weld County. The
attached information is being provided to notify you of the loca-
tion and nature of the proposed operation. The entire applica-
tion is on file with the Division of Reclamation, Mining & Safety
' (DRM&S) ( "the Division") and the Weld County Clerk of the Board
915 10th Street, 3rd Floor, Greeley, Colorado 80632
' The applicant proposes to reclaim the land as rangeland.
Pursuant to C .R. S . 34-32 . 5-116 (7) (j ) the Board is required to
confer with the local Board of County Commissioners before
approving 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 ten (10) days after the applicant' s
newspaper publication.
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 & Safety, 1313 Sherman St . , Room
215, Denver, CO 80203 , (303) 866-3567 .
Willits Company, Inc .
May 20, 2010
1
36
1
1
PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J (cont)
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
LIMITED IMPACT (110) APPLICATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
' West Greeley DISTRICT
Willits Company, Inc . (Operator) has applied for a Construction
' Materials Limited Impact Reclamation Permit from the Colorado
Mined Land Reclamation Board ("the Board" ) known as the
McEndaffer Mine to conduct mining operation in Weld County. The
' attached information is being provided to notify you of the loca-
tion and nature of the proposed operation. The entire applica-
tion is on file with the Division of Reclamation, Mining & Safety
(DRM&S) ( "the Division" ) and the Weld County Clerk of the Board
' 915 10th Street, 3rd Floor, Greeley, Colorado 80632 .
The applicant proposes to reclaim the land as rangeland.
' Pursuant to C.R.S . 34-32 . 5-116 (7) (j ) the Board is required to
confer with the Board of Supervisors of the local Soil
Conservation District before approving 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 ten (10) days
' after the applicant' s newspaper publication.
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 & Safety, 1313 Sherman St . , Room
215, Denver, CO 80203 , (303) 866-3567 .
' Willits Company, Inc .
May 20 , 2010
37
1
PERMANENT MAN-MADE STRUCTURES EXHIBIT L
There is 1 man-made structures within 200 feet of the
affected lands . It is owned by Ken McEndaffer who we lease the
mine area from. The ranch access road that runs from HWY 71
across Section 25 and enters the mine on the east side of the
mine is the structure in question. This road will be the haul
route to the state highway. Mining will be above this road so
it will not be affected by mining. Our lease covers repairs or
replacement of the road if damaged by our activities .
1
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38
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APPENDIX
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1
1 NOTICE
This site is the location of a proposed construction materials operation known as the
McEndaffer Mine. Willits Company, Inc., whose address and phone number Is P.O.
Box 825, Cheyenne, WY 82003, (307) 634-2300 has applied fora Limited Impact
1 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 to the Board's office, 915 10th Street, 3rd Floor, Greeley, Co., 80632, and
1 should send comments prior to the end of the public comment period to the Division
of Reclamation, Mining & Safety, 1313 Sherman St, Room 215, Denver, CO, 80203.
1 certific ioa /' f L
I, RDb0P C‘ (�t./f/') T 1. , hereby certify that I
1 posted a sign containing the above notice for the proposed permit
area known as the McEndaffer Mine on , 2010
iAjtja/C.
Si ature Dce Z4)
ate
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OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA EXHIBIT 0
I
ISURFACE AREA, SUBSTANCE TO BE MINED
Kenneth McEndaffer
II 61331 North Highway 71
Stoneham, CO 80754
IADJOINING OWNERS AND OWNERS WITHIN 200 FEET
I Kenneth McEndaffer
61331 North Highway 71
Stoneham, CO 80754
I RIGHT-OF WAYS OR EASEMENTS WITHIN 200 FEET
OF THE PERMIT AREA.
' None
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40
PUBLIC NOTICE
Willits Company, Inc . , P.O. Box 825, Cheyenne, WY 82003 , (307)
' 634-2300 has filed an application for a Construction Materials
Limited Impact (110) Reclamation Permit with the Colorado Mined
Land Reclamation Board under provisions with the Colorado Mined
' Land Reclamation Act for extraction of construction materials . The
proposed mine is known as the McEndaffer Mine is located at or near
Section 25, T-11-N, R-57-West, 6th P.M. , Weld County, Colorado.
The proposed date of commencement is May 2010 and the proposed
' date of completion is 2015 . The proposed future use of the land is
rangeland.
Additional information and a tentative decision date may be
obtained at the Division of Reclamation, Mining & Safety, 1313
Sherman Street, Rm 215, Denver, Colorado 80203 , (303) 866-3567, or
at the office of the Weld County Clerk to the Board, 915 10th St,
3RD floor, Greeley, CO 80632 .
Written comments to the application must be received at the
office of the Division of Reclamation, Mining & Safety no later
than 4 : 00 p .m. on the day of , 2010 .
Willits Company, Inc .
Cheyenne, WY
Please note that comments related to noise, truck traffi c, hours of operation, visual impacts, effects
' on property values and other social or economic concerns are issues not subject to this Office's
jurisdiction. These subjects and similar ones, are typically addressed by your local governments,
rather that the Division of Reclamation, Mining& Safety or the Mined Land Reclamation Board.
Publication Date :
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