The URL can be used to link to this page

Browse Search

Home My WebLink About20100295.tiff ai:C/CC CIVIL RE$',URCES TRANSMITTAL TO: Clerk to the Board of Weld County FROM: Danna Ortiz Commissioners 915 10th Street DATE: 2.10.2010 Greeley, CO 80631 PROJECT: Gilcrest Reservoir Amendment ATTN: JOB NO. CC: FAX: PHONE: PAGES: Including Cover RE: ❑ Urgent ❑ For Review ❑ Please Comment ❑ As Requested ❑ Please Recycle CONTENTS 1 Application to Amend DRMS Permit#M-2000-158 1 Reclamation Plan Map COMMENTS: Enclosed please find a complete package of Platte Sand &Gravel application to amend their 112 Reclamation Permit#M-2000-158. Will you please acknowledge that you have received this application by initialing and faxing this cover sheet back to me at 303.866.2850. Please contact me at 303.833.1416 x203 if you have any questions. Thank you! Danna Ortiz c� (L ( / 95 • eh c } / 9 c;0( ( 6-002Fifth Street•P.O. Bok 680• Frederick, Colorado 80530• Phone: 303.833.1416 Fa c303.833.2850 2 r(1 T 6c) ,:):.7/,7,7--//�� 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 Platte Sand and Gravel,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 Weid 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 use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners 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. CC.../•••C CIVIL RES',URCES TRANSMITTAL TO: Weld County Commissioners FROM: Danna Ortiz 91510'^Street DATE: 2.10.2010 Greeley, CO 80631 PROJECT: Gilcrest Reservoir Amendment ATTN: JOB NO. CC: FAX: PHONE: PAGES: Including Cover RE: ❑ Urgent ❑ For Review ❑ Please Comment ❑ As Requested ❑ Please Recycle CONTENTS 1 Notice of Filing Application 1 Reclamation Plan Map COMMENTS: Platte Sand &Gravel is going to file an application to amend their 112 Reclamation Permit to enable them to construct a series of 6 slurry lined water storage reservoirs. If you have any questions or if you would like additional information, please call me at 303.833.1416 x203. Thank you. Danna Ortiz 323 Fifth Street• P.O. Box 680• Frederick, Colorado 80530• Phone: 303.833.1416 Fax: 303.833.2850 / I I MATCH LINE / SEMMUMMPOMM / I / o// 7 Ir / / 1 ll Ir 6 - _ / 1tI N / 7 s MATCH LINE \1 , I \ \ <. N. 11 AF sv`osnF © . n • ';Doss= \� I s oim4Iom `s 7„ .g-rod;i7�ri / / ' 4. 2irF4 j • \ o4mu 22 ; \ _ • N. I ! o STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Depart d Natural arson 1313 Shinn Sat.,R.ee 215 Denver,Cela.d.pp3 COLORADO PhoneDa711164•338 CONSTRUCTION MATERIALS srvtsnow or RECLAMATION FAX:D031 6324106 REGULAR(112)OPERATION - MINING RECLAMATION PERMIT APPLICATION FORM SAFiTY w Me.>e. CIMILQIR: Then is a He Number Already Amiped Ls the OpsratM Gramm IIee,Y 0.SeanBP -___ (Please re&nice the file number cusrmtly assigned to this operatio$enel..Moat New Application(Rule 1.4.5) rj,Antenatent Application(Rule 1.10) a.ww.Caen Correnion Application(Rule 1.11) NOS aeeeweerere Permit# _et_-2000-I -_ (provide for Asians and Canonises of existing penults) The application for a Construction Marian Regular 112 Operation Reclamation Permit contain lives major pons:(1)the application fora;(2)F is A-S,Addendum 1,any sections of Exhibit 6.5(Geoteclnial Stability Exhibit;and(3)the application fee. When you submit yow Rpiic.tioa,be one to ioehrde are(1)WiffillalillatiatilaillailairaticUe and one(1)copy of the completed applicationndiCall011 fonts,two(2)copies of Exhibits A-S,Addendum 1,appropriate sectionsof 6.5(GeotechnicalStabiityExhbit,aadached:for the application fee described under Section(4)below. Exhibits should Ma be bound or in a 3-ring bider maps should be folded to 8 1/2"X 11"or 81/2"X 14"size. To expedite processing,please provide the information in the format ad order described in this form GENERAL OPERATION INFORMATION Type or prbt dearly,lathe space provided,ALL Information requested below. 1. . Platte Sand and Gavel, LLC 1.1 Type of organization(corporation,partnership,etc.): Limited Liability Company 2. Oantias sane tau.mine err die na.al: S I H Mine 3. 1.239.*) permitted acres 3.1 Change in acreage(+) 269.23 eats 3.2 Total acrage in Pamir area 1,506.63 anti 4. F11E 4.1 New Application a. application fee 4.2 New Quarry Application a {PAM Wheaton 4.4 Amendment Fee San_ Amendmeat fee 4.5 Conversion to 112 operatics(set by statute) SAUL conversion fee 5. iliiIIMISMIllaidfiliallillit sand gravel 5.1 Incidental commodities)to be mind: I. - Want& 2. / 3. / >Lnrr a/d 4. / Ibs.Ifons/w 5. / for/roa/n 5.2 Anticipated end we of primary commoditie(s)to be mined: construction materials 5.3 Anticipated end we of incidental commoditie(s)to be mined: Oda el Once at Mined Mad..rlaaraa, ) Dais• Gad]wino. • Dew Adam ad ii.Jw Mina -2- O 6. Name of owner of subsurface rights of affected land: Refer to Exhibit If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Glicr@St Reservoir, LLC 8. Type of mining operation: Surface ja Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): IS 6th(Colorado) n 10th(New Mexico) Il Ute SECTION (write number): S 35 TOWNSHIP(write number and check direction): T 4 a North a South RANGE(write number and check direction): R 67 ■ East nWest QUARTER SECTION(check one): ❑ n O u ❑ Sg SW QUARTER/QUARTER SECTION(check one): NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 10. Primary Mine Entrance Location (report in either Latitude/Longitude QS UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 15 sec 42 65 (2 decimal places) Longitude(W): deg 104 min 50 sec 55 06 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad Zone 13 Easting Northing -3- 11. Corresoondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Rocky Fi[ dinklair`k Title: Operations Partner Company Name: Platte Sand&Gravel, LLC Street/P.O. Box: P.O. Box: PO Bea 180 City: Littleton State: Colorado Zip Code: 80180 Telephone Number: J 303 1. 274.4474 Fax Number: (303 )_ 374.4461 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Dane Ortiz Title: Planner Company Name: CM Resources, LLC Street/P.O. Box: 323 518 Street P.O. Box: PO @tut 680 City: Frederick State: CO o'S0 Zip Code: 80530 Telephone Number: (303 1_ 833.1418 X203 Fax Number: (303 1- 833.2850 INSPECTION CONTACT Contact's Name: canna 01h Z Title: Planner Company Name: CM Resources, LLC Street/P.O.Box: 323 5th Street P.O.Box: PO Box 680 City: Frederick State: Colorado Zip Code: 80530 Telephone Number: (303 1. 833.1418 X203 Fax Number: (303 1- 833.2850 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( 1- CC: STATE OR FEDERAL LANDOWNER(if any). Agency: Street: City: State: Zip Code: Telephone Number: ( 1- -4- 12. Prima f ture(Post-minine)land u (check onet: Cropland(CR) _U Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) nDeveloped Water Resources(WR) Solid Waste Disposal(WD) 13. Pr' res 1 use h k ne : Cropland(CR) Pastureland(PL) -s General Agriculture(GA) O Rangeland(RL) Forestry(FR) -as Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) mg Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g. truck/shovel): Dry mining using scraper, bulldozers, front-end loaders or similar equipment 15. On Site Processing: JD Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): gushing,screening,washing of stockpiled sand and gavel,production of concrete and asphalt,miffing to recycle concrete/asphalt List any designated chemicals or acid-producing materials to be used or stored within permit area: cement for concrete production 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Revise configurations ofseservoirs and slurry walls_use overburden to construct dam embankments around reservoirs prior to completion of mining, increase area of disturbance, expand permit boundary, revise mining boundary, change mining method for entire site to dry mining -5- Mans and Exhibits: ' Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two(2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the- following references to Rule 6.4,6.5,and 1.6.2(1)(6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands t!' EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information • EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles • EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. , 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 requirement,in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. gib1. 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 mining operation in the event your permit is revoked and financial warranty is forfeited; - 6- 2. 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 application or your permit misrepresent important material facts; gem3. 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; VI M 1 4. Any modification to the approved mining and reclamation plan from those described in your approved � application requires you to submit a permit modification and obtain approval from the Board or Office; r"M"^' 5. It is your responsibility to notify the Office of any changes in your address or phone number; (AiI 6. 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): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board;and, �/�Q�� c. the permit number. F Nf L 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. V&` 8. 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 Construction Material Rules J/��/� and Regulations in effect at the time the permit is issued. ____ - 9. 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 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. NIA10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 7- 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's review and decision or appeals process,you may contact the Office at(303) 866-3567. .O (.4 win �7• r . std 'fi i!ti 111 - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. 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(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-I 15(4)(f), C.R.S.; 3. As the applicant/operator,I do not have any extraction/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.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form 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.S. Signed and dated this 5t day of P /u.4.444s , 2, 10 o N0 SE L Platte Sand & Gravel, LLC If Corporation Attest(Seal) Applicant/Operator or Company Name Signed: Signed: Corporate Secretary or Equivalent Title: ,J Town/City/County Clerk f State of �i(]t(�rao ) ) ss. County of 1f99. 6i'CM ) The foregoing instrument was acknowledged before me this /�- day of td! 4O ,by l/IIgttI(( �/k f l�C0? as metma of a y.Vl Lij t ``1 /14441 No r .11%0 ";;„ norf ient, S. mi C is xrwir > / l `./"2 SIGNATURES MUST BE IN BLUE j .,,� • . •41,,�� 411 Vat `,�� You must post sufficient Notices at the location of the proposed mine site to clear ylitia�k1te site as the location of a proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Platte Sandamc�a.uc whose address and phone number is(Address and Phone Number of the Applicant/Operator) 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(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) ,and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: 0,4 ,hereby certify that I posted a sign containing the above notice e for to proposed permit area known as the (Na e of Operation) 3 `1 t\\\ _ , on(Date Posted) a, 6 , t v ii SIGN RE DATE Summary Table of Changes to Exhibits Exhibit Change Exhibit A—Legal Description Increase permit boundary by 269 acres. Exhibit B— Index Map No change. Exhibit C—Pre-Mining and Mining Plan Map Slurry walls and embankments will be installed Exhibit D—Mining Plan before mining occurs in areas that have not yet been mined. Exhibit E—Reclamation Plan Reconfigure ponds into 6 slurry lined water Exhibit F—Reclamation Plan Map storage reservoirs with up to 40'embankments. Slurry wall specifications included. Alternative reclamation plan for bonding (no embankments). Exhibit G—Water Information No change—site will continue to operate under the approved Temporary Substitute Water Supply Plan and groundwater monitoring plan. Exhibit H—Wildlife Information No change. Exhibit I—Soils Information No change. Exhibit J—Vegetation Information No change. Exhibit K—Climate Information No change. Exhibit L— Reclamation Costs We request that the Division calculate the reclamation costs using the alternative reclamation plan. Exhibit M—Other Permits and Licenses The State Engineer will approve slurry wall and embankment designs. FEMA is approving the floodway delineation along the property. Exhibit N—Source of Legal Right to Enter New landowner—Gilcrest Reservoir, LLC. Exhibit O—Owners of Record of Affected Land New landowner/owner of substance to be mined— (Surface Area) and Owners of Substance to be Gilcrest Reservoir, LLC. Mined Exhibit P— Municipalities Within Two Miles No change. Exhibit Q— Proof of Mailing of Notices to County Attached. Commissioners and Soil Conservation District Exhibit R—Proof of Filing with County Clerk or Attached. Recorder Exhibit S— Permanent Man-Made Structures New agreement with Western Ditch. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT A- LEGAL DESCRIPTION The permit boundary will be expanded to include 269.23 additional acres: • The 12-acre parcel in the southeast portion of the site that is surrounded by mining operation, • The two parcels that are east of Western Ditch (the 17-acre parcel immediately south of Weld County Road 38 and 15.5-acre parcel immediately north of Weld County Road 38), • 151-acre parcel north of the river, • A triangular-shaped parcel in the southwest corner of the site (approximately 12-acres), and • The 70' around the perimeter of property that was excluded from original boundary. The permit boundary will no longer include the ten-acre lot in the southeast corner of the property that contains a single-family residence. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT C -- PRE-MINING AND MINING PLAN MAP AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT D -- MINING PLAN The operator will continue to use the mining method described in the original permit application. The proposed changes to the mining plan are as follows: 1. The slurry wall and embankments will be installed before mining occurs in the areas that have not yet been mined. The embankments will be created from the overburden on the property. This includes the land that is outside of the reservoir footprint and outside of the floodway, but is inside of the permit boundary. 2. The landowner may fill the reservoirs before mining is complete. The mine operator will likely mine one reservoir, while the others store water. 3. No structure will be relocated until an agreement with the structure owner is in place. 4. All structures owned by Gilcrest Reservoir, LLC (houses, sheds, etc.) will be removed at the owner's discretion. 5. The plant site/processing area may be relocated throughout the life of the mining operation. 6. The operator may import material. 7. Filling or placement of materials adjacent to the river will not be allowed inside of the floodway limit. 8. The mining cells have been reconfigured per the attached Mining Plan Map. Each cell will be dewatered (after the slurry wall is installed) and will be mined at a 3:1 slope. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S& H MINE EXHIBIT E-- RECLAMATION PLAN Rather than having two slurry-lined water storage reservoirs and a series of groundwater fed ponds, the reclamation plan will include six water storage reservoirs. Each reservoir will be surrounded by a slurry wall and an embankment that will be up to 40 feet tall (refer to the Reclamation Plan Map for details). The slurry wall and embankment will be constructed immediately, before the majority of the site has been mined. The construction process will entail: • Installing the slurry wall. • Stripping topsoil from the mining cell and the project site and stockpiling it around the perimeter of the reservoir. • Removing the overburden with scrapers and placing it on the internal portion of the embankments in 50' to 100' long sections. (Refer to Dam Typical Sections shown on sheet 2 of the Mining Plan Map.) • Excavating sand from the mining cell with scrapers and placing it on the exterior portion of the embankments per the typical sections. • Placing a 12'—18"thick layer of gravel/cobble on the face of the embankment. • Placing 6"to 12" of topsoil on the exterior embankment and seed and mulch as necessary to establish native grass. Since the slurry wall will be installed before the embankment is constructed, there will need for augmentation plans with the State Engineer. Reclamation after the embankments are constructed will be negligible because the operator will mine at 3:1 slopes and the reservoirs will be available for water storage no matter how much gravel has been removed, In fact, the landowner will likely begin storing water in the reservoirs long before mining has been completed. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE DIVISION 2-SITE WORK SECTION 2310-SLURRY WALL PART 1 -GENERAL 1.01 SCOPE OF WORK This work includes, but is not limited to: 1) preparation of native soils&construction of working surface; 2) preparation, placement, and cleaning of slurry; 3)excavation of slurry trench;4)stockpiling; 5)sand and sediment removal from the slurry trench bottom; 6)cobble and boulder removal; 7)supplying, hauling, blending, and placing all backfill materials temporary;8)permanent treatment of the top of the slurry wall; 9) disposal of excess slurry; and 10)quality control testing. 1.02 DEFINITIONS A. Bentonite.An ultra fine natural clay whose principal mineral constituent is premium-grade sodium cation montmorillonite. B. Groundwater Level. The surface elevation of naturally occurring groundwater when subjected to atmospheric pressure. Water may be perched in discrete areas at elevations higher than the general groundwater level. C. Fines. Fine grained soil particles, smaller than No. 200 U.S. Standard Sieve size. D. Probing for Inspection. The lowering of an approved sounding instrument or appropriately marked device to demonstrate the depth of the trench and the trench bottom conditions. E. Remote Mixing Area.A temporary working surface constructed at a remote location from the slurry wall alignment in which the soil bentonite backfill will be proportioned and mixed. F. Slurry. A stable colloidal suspension of hydrated bentonite in water. G. Slurry Ponds. Ponds constructed for the purpose of storing mixed slurry. Earthwork for slurry ponds must consist of fill only-excavation into the existing surface will not be permitted, unless approved on a case-by-case basis by the Owner/Engineer. H. Slurry Trench.A vertical trench excavation, at least 3 feet wide, full of bentonite slurry to support the trench sidewalls. I. Slurry Wall.A semi-impervious barrier of blended soil and bentonite, at least 2 or 3 feet wide,with a hydraulic conductivity of 1 x 10-6 centimeters per second (cm/sec)or less,constructed using a slurry trench during excavation and backfilling. J. Working Surface. The prepared temporary working surface(pad)from which the slurry trench excavation, backfill mixing, and backfilling operations are performed. 1.03 SUBMITTALS A. Preconstruction. The Contractor shall submit the following items for approval to the Owner/Engineer at least 10 working days prior to commencing the Work: 1. Bentonite Certification.A Certification of Compliance including test results from the bentonite supplier that each shipment of the bentonite meets the requirements of the Specifications and is in compliance with American Petroleum Institute(API)Standard 13A. The sources for all bentonite shall be included with the Certificate of Compliance. 2. Sample. Forty pounds of the proposed powdered bentonite. 3. Identification of Water Source. Name of water source and provide chemical analysis, if source is other than potable water collected from a municipal hydrant. 4. Detailed Work Plan. The detailed work plan shall include or describe,at least, the following: A. List of major equipment to be used. B. Specifications of the batch plant and slurry mixing including tanks, pumps, valves, hoses and supply lines. C. Layouts showing locations of equipment, ponds, remote mixing areas, access and haul roads. D. Material and equipment storage methods and locations. E. Procedures for water-bentonite slurry mixing, transportation, and recirculation. F. Procedures for control of drainage, spills,wastes, etc. G. Sequence and schedule for temporary working surfaces, haul roads, remote mixing and backfill transportation, as necessary,working surface removal, and restoration. H. Procedures for trench excavation, slurry placement, backfill mixing and backfill placement. I. Material properties(gradation and moisture content)and sources for materials to be used to augment the fines content of the backfill mixture. J. Disposal procedures,disposal facilities and haulers for excess slurry. 5. Quality Control Program. Details of the Contractor's quality control program, including personnel,organization, responsibilities, sampling and testing equipment and frequencies, inspections and the quality control report forms. 6. Bar-Chart Construction Schedule. The Work shall not commence prior to approval of the preconstruction SUBMITTALS by the Owner/Engineer. B. During Construction. The Contractor shall submit for approval during construction: 1. The Contractor shall prepare and submit Quality Control Test Results of field quality control tests and inspections within 3 calendar days of performance, unless otherwise directed by the Owner/Engineer. The results shall be reported on forms accepted by submittal. 2. A Certification of Compliance from the supplier shall accompany each shipment of bentonite to the site. 3. Requests for revisions to the bentonite source, water source, work plan, quality control plan, or bar chart schedule shall be submitted to the Owner/Engineer. Approval must be received from the Owner/Engineer prior to implementing any of the revisions described above. 4. For any approved material for the backfill mixture, the Contractor shall submit: 1. Gradation test results in accordance with ASTM D422, at a frequency of 1 test per 4,000 cubic yards and if the material characteristics change, and 2. Atterberg limits test results in accordance with ASTM D4318, at a frequency of 1 test per 4,000 cubic yards and if the material characteristics change,and 3. Moisture content test results in accordance with ASTM D-2216, at a frequency of 1 test per4,000 cubic yards and if the material characteristics change. 5. The Contractor shall maintain quality control and construction SUBMITTALS up to date. If the Contractor for whatever reason does not submit acceptable quality control data in a timely manner, the Owner/Engineer may stop the associated work without a contract extension. 1.04 QUALITY CONTROL A. General. The Contractor shall establish and maintain records of quality control for all slurry wall construction operations to assure compliance with contract requirements. All test to be performed in the presence of the engineer. The materials to be tested,test methods, sample and/or test locations,frequencies, test specifications and failure response actions for the quality control program are summarized below. 1. Contractor Quality Control Testing A. Bentonite Slurry: 1. Bentonite—Provide Manufacturers certificate of compliance with API Code RP 13a Oil Well Drilling Materials for each shipment of bentonite. 2. Water—Measure the pH of the water at least once per week on smaples of water being used in the preparation of the bentonite slurry. 3. Freshly Mixed Bentonite Slurry—Measure the viscosity density,filtrate loss and pH of the freshly mixed bentonite slurry using the Marsh Funnel test method,API RP 13B. The test shall be performed at least 2 times per shift on samples of bentonite slurry obtained from the point of introduction into the trench. 4. Bentonite Slurry Inside the Excavated Cutoff Wall Trench—Measure the viscosity, density and filtrate loss of the bentonite slurry inside the excavated trench using the mud balance test method,API RP 13B, and filter press test methods,API PP 138, respectively. Two density tests shall be performed every 4 hours of work,or as directed by the engineer,one from the upper half of trench and one from the lower half of the trench or as directed by the engineer. The sampling device shall be furnished by the contractor and subject to approval by the engineer. 2. Engineer Quality Assurance Testing A. Bentonite Slurry: 1. Bentonite Slurry Mix—Viscosity of mixed bentonite slurry obtained from the point of introduction into the trench using the Marsh Funnel testing method,API RP 13B. The frequency if test will be determined by the engineer. 2. Bentonite Slurry Inside the Trench Excavation—Density and filtrate loss of the bentonite slurry inside the excavated trench using the mud balance test,API RP 138, and filter press test,API PP 1318, respectively. Samples of the bentonite slurry inside the excavated trench and shall be obtained by the contractor from the bottom 50 percent of the trench and upper 50 percent of the trench. The frequency of tests will be determined by the engineer. B. Soil-Bentonite Backfill: 1. Field Quality Testing—Density and slump of the soil-bentonite backfill using the unit weight test method,ASTM D 6023, and concrete slump test method ASTM C 143. Samples of soil-bentonite backfill shall be obtained from the point of introduction into the trench. The frequency of tests will be determined by the engineer. 2. Laboratory Quality Control Testing—Grain size distribution and hydraulic conductivity of soil-bentonite backfill. One grain size distribution and one hydraulic conductivity test will be performed for every 200 lineal feet of trench or a minimum of one per day. Samples of soil-bentonite backfill shall be obtained from the point of introduction into the trench. 3. Hydraulic conductivity will be measured using a flexible wall permeameter,with and effective confining pressure of 4000 psf in accordance with ASTM D 5084. The soil-bentonite backfill will be placed into the flexible wall permeameter at the slump measured in the field and with no compactive effort applied. The test procedures shall conform to the most recent version of the following test standards: 1. Bentonite:API spec 13A 2. Bentonite Slurry—Marsh Funnel& Mud Blance:API Code RP 13B 3. Betonite Slurry—Filtrate Loss:API Test PP 13B 4. Slump:ASTM C 143 5. Unit Weight/Density:ASTM D 6023 6. Grain Size Distribution:ASTM D 422 7. Permeability:ASTM D 5084 C. Sample and Test Location References.All quality control samples and testing shall be referenced to the trench station(or baseline station)and depth at which the sample was obtained or the test was conducted. D. Surveillance of Excavation. The Owner/Engineer will be present,whenever trench excavation is near the design depth of the wall,to visually check and classify soil excavated from the proposed maximum depth of trench excavation. Cuttings from the bottom of the trench shall be examined on a continuous basis to ensure continuity. The Owner/Engineer shall document the soil classification of samples obtained from the bottom of trench. The Contractor shall provide sufficient notice of excavation and allow sufficient time during the excavation cycle for observation and sampling of the soil as it is removed from the trench. E. Trench Depth. The Contractor, in the presence of the Owner/Engineer, shall provide and place a 36-inch minimum length wood lath parallel to the trench. Sound or probe the trench with a measuring devise with incremental markings at 0.25-foot increments.The trench depth measurement shall be rounded (up or down from the measurement)to the nearest 0.5 foot, and record the depth every 20 feet along the trench centerline. The Contractor shall measure and record the depth to the bottom of the trench excavation immediately after excavating and immediately before backfilling to document the depth and silt conditions at the bottom of the trench. F. Assistance from Contractor. The Owner/Engineer reserves the right to make reasonable measurements as deemed necessary to inspect and evaluate the as-built condition of the wall. The Contractor shall cooperate with the Owner/Engineer during performance of these measurements, without claims for extras or delays. The Contractor shall provide the Owner/Engineer, at no additional cost,with the following: 1. Labor and materials to measure the lines and grades of the temporary working surfaces and the bottom of the trench excavation under the observation of the Owner/Engineer. 2. Labor and materials required to collect samples and test samples for quality assurance tests. Equipment Calibration. The test equipment shall be calibrated in accordance with applicable API and ASTM standards. PART 2-MATERIALS AND EQUIPMENT 2.01 MATERIALS A. Bentonite 1. The bentonite for use in the slurry trench shall be unadulterated powdered premium-grade Wyoming sodium montmorillonite, or equal, as approved by the Owner/Engineer. 2. The bentonite, to be delivered, shall be tested by the Manufacturer and shall meet the following requirements as determined from a mixture of bentonite and distilled water prepared in accordance with API Standard Specifications, 13A, latest revision, and tested in accordance with API Code RP 13B, latest revision: A. Apparent viscosity: 15 centipoise minimum @ 68 degrees Fahrenheit B. Filtrate loss: 20 cc max in 30 minutes @ 100 psi C. Yield: 90 Barrels minimum 3. The use of chemically treated bentonite will not be permitted. B. Water 1. Water shall be free of excessive amounts of deleterious substances,as determined by the Owner/Engineer that could adversely affect the properties of the slurry or backfill. 2. The water shall comply with the following: A. pH 6 to 8 B. Hardness<50 ppm C. Low dissolved salts,oil and total organic residue to allow proper hydration of bentonite C. Initial Slurry Mixture 1. At the time of introducing slurry into the excavations, the slurry mixture shall consist of: A. A minimum of 5.5% bentonite per unit weight of water(range 5.5 to 7%)with a minimum unit weight of 64 pounds per cubic foot; B. An apparent viscosity not be less than 12.5 centipoise(36 Marsh seconds)at 68 degrees Fahrenheit as measured by the direct indicating viscometer; and C. A filtrate loss not be greater than 20 cubic centimeters in 30 minutes at 100 psi as measured by the filter press. 2. The Contractor shall add additional bentonite to make the slurry denser or more viscous than the limits specified above, if deemed necessary by the Owner/Engineer. 3. Admixtures to alter the characteristics of the slurry in the trenches, including but not limited to softening agents, dispersants, retarders or plugging or bridging agents, shall not be permitted unless approved by the Owner/Engineer. D. Slurry Mixture in Trench. The slurry mixture in the trench shall meet all of the following requirements: 1. A unit weight greater than 64 pounds per cubic foot; 2. A unit weight at least 15 pounds per cubic foot less than the backfill unit weight; 3. A unit weight less than 85 pounds per cubic foot,or as approved by the Owner/Engineer; 4. A filtrate loss not greater than 30 cubic centimeters in 30 minutes at 100 psi as measured by the filter press; 5. An apparent viscosity not less than 15 centipoise(40 Marsh seconds)at 68 degrees Fahrenheit as measured by the direct-indicating viscometer; and 6. A sand content less than 15-20 percent as measured by API RP-13B, Sand Content Kit. E. Off Site Materials for Slurry Wall Backfill 1. Materials shall be from a source approved by the Owner/Engineer. 2. Materials shall be free of roots, organic soil, lumps, trash and debris. 3. Materials needed to increase the fines content of the backfill mixture shall contain at least 65 percent fines(minus 200 sieve)by weight, a Plasticity Index of or greater than 10 and have a moisture content less than 15 percent, measured prior to loading in the truck at the borrow pit, unless approved by the Owner/Engineer on a case-by-case basis. F. Backfill 1. Materials for the backfill mix shall consist of slurry,dry bentonite, if necessary excavated trench materials, and approved off-site soil. 2. Backfill shall be free of roots, organic soil, lumps, trash and debris. 3. Frozen materials shall not be used. 4. The backfill mixture shall have the following gradation limits: %U.S. STD Passing Sieve No. 100% 3" 70-100% #4 >30% #200 5. However,occasional lumps of up to 5 inches in their largest dimensions may be permitted provided that the lumps are not close together and, in the Owner/Engineer's opinion, will not affect the performance of the slurry wall. 6. If material from off site is needed to increase the fines content of the backfill mixture, the fines shall not exceed 45 percent, unless approved by the Owner/Engineer on a case-by- case basis. 7. The backfill mixture shall have a consistency that has the appearance of a wet concrete and a slump of 3 to 5 inches,just prior to placing. 8. The density of the backfill shall be a minimum of 15 pounds per cubic foot more than the slurry at any depth in the trench. 9. The five test running average hydraulic conductivity of the backfill shall be 5 x 10-7 cm/sec,or less. The maximum permissible value shall be 1 x 10-6 cm/sec as measured by the modified filter press test. 10. The Contractor shall vary the bentonite content and mixing operations periodically, based on varying in-situ soil properties, to achieve the specified hydraulic conductivity value. 2.02 EQUIPMENT A. Trench Excavation. Equipment for excavating the slurry trenches shall consist of a cable clam shell and/or hydraulic excavator. The equipment shall be capable of excavating the minimum required trench width of 2.5 feet in a single pass of the excavating tool. The equipment shall be capable of excavating at least 5 feet deeper than the maximum depth shown on the drawings. If used, dragline buckets shall be free of protrusions. B. Slurry Mixing. The Contractor's slurry plant shall include a suitable mixer capable of producing a colloidal suspension of bentonite in water, plus necessary pumps, sumps, valves, lines, hoses and storage tanks or ponds to provide a continuous supply of slurry. C. Cleaning Slurry. The method of cleaning used for removal of suspended solids and bottom sediments from the slurry in the trench shall be capable of maintaining the slurry density within the specified limits. Equipment shall include clamshell, air lift pumps, mud shakers, settlement ponds, pipes hoses, and fittings,or other equipment approved by Owner/Engineer. D. Mixing and Placing Backfill. Equipment for mixing and placing the backfill shall be any type of earthmoving or grading equipment, such as bulldozers, disk harrows, and blade graders, or blenders and pug mills that are capable of thoroughly mixing the backfill material(soil and bentonite/bentonite slurry)into a homogeneous mixture as specified. Placement of initial backfill in the trench may require a clamshell bucket. E. Quality Control.The Contractor shall furnish and maintain the following minimum equipment(one half of the amount of each type of equipment is for exclusive use by the Owner/Engineer). The equipment shall be in accordance with applicable API Standard Specifications.All equipment used by the Owner/Engineer shall be returned to the Contractor upon completion of the slurry trench Work. 1. Marsh Funnel Sets(2) 2. Direct Indicating Viscometer, hand crank(2) 3. Standard Filter Presses(4)with the following modifications for hydraulic conductivity tests: A. Regulators and gages which have a range of 1 to 10 psi for application of low pressures. B.A trimming jig to control thickness of bentonite paste to be applied to the inside diameter of the rigid wall test cylinder. C. Porous stone filters and filter papers(adequate supply). D.A 20 cc graduated cylinder with accuracy of 1/2 cc. 4. Regulators and gages which have a range of 100 psi+/-which may be adapted to the Standard Filter Press for Slurry Filtrate Loss testing. (2) 5. Mud Balances(direct reading of density)(2) 6. Sand Content Sets(2) 7. Slurry Samplers(2) 8. Sets of U.S. Standard Sieves(No.4, 16,40, 70, 200 and 3" size) (2) 9. Pressure sources and feed lines(2) 10. Dry bentonite and Ottawa sand (adequate supply) 11.Analytical scales(accuracy: 0.01 grams)(2) 12. Drying ovens(2) The Contractor shall also furnish a measuring devise with 0.25-foot incremental markings, or approved equivalent, for determining the depth of trench and sediment accumulations. PART 3-EXECUTION 3.01 TEMPORARY WORKING SURFACE PREPARATION A. General. The Contractor shall prepare the temporary working surface in accordance with Section 02200 Earthwork, and Section 02290 Clay Embankment&Slurry Construction Pad,of the Specifications. The Work shall include stripping topsoil and organic materials from the area of the temporary working surface,clearing trees, excavating soil, salvaging and stockpiling of selected materials, disposing of surplus and/or unsuitable material,furnishing and placing embankment or fill materials, trimming the earth grade and maintaining the Work as required. B. Grade. The longitudinal grade of the working surface shall not exceed 1 percent, unless approved by the Owner/Engineer. The level of the temporary working surface shall be at least 3 feet above the measured groundwater level. The temporary working surface shall be graded to ensure excavation equipment produces a vertical trench. The Contractor shall provide and maintain gravity drainage control along the temporary working surface. C. Maintenance.The Contractor shall maintain the working surface free of excessive amounts of debris and slurry. D. Remote Mixing Area. The Contractor shall prepare and maintain, as needed, a temporary working surface at a remote location from the slurry wall alignment in which the soil bentonite backfill will be proportioned and mixed. The areas available for remote mixing are identified on the Drawings. The Contractor may request to the Owner/Engineer for additional areas. The request for additional areas may or may not be approved by the Owner/Engineer. 3.02 SLURRY PREPARATION AND PLACEMENT A. Slurry Preparation. The Contractor shall prepare slurry using a flash or paddle mixer to provide stable colloidal suspension of bentonite in water. Freshly mixed slurry shall be allowed to hydrate initially in storage ponds or tanks. The slurry shall be occasionally agitated or recirculated in the storage ponds until bentonite is fully hydrated, based on stabilized Marsh Funnel viscosity readings, and until the slurry appears homogeneous. No slurry is to be made in the trench. The slurry shall meet the requirements set forth in Paragraph 2.01C, Initial Slurry Mixture, before the slurry is introduced into the trench. B. Slurry Placement. Slurry shall be introduced into the trench at the time excavation begins. The level of the slurry in the open trench shall be maintained at all times at least 3 feet above the groundwater level and no more than 2 foot below the temporary working surface, unless approved by the Owner/Engineer. Dilution of the slurry by surface water shall be minimized.The slurry shall be maintained at all times in a condition which meets the requirements set forth in Paragraph 2.01D, Slurry-Mixture in Trench. The Contractor shall maintain the level of the slurry in the trench at all times, including weekends, nights and holidays. C. Slurry Cleaning. The Contractor shall remove, from the trench, any slurry which contains excessive suspended solids as indicated by a slurry unit weight exceeding 85 pounds per cubic foot or within 15 pounds per cubic foot of the unit weight of the backfill mixture. The excessive suspended solids may be separated and removed from the slurry, and the"desanded"slurry may be re-introduced into the trench; or the slurry with the excessive suspended solids may be used for the preparation of the backfill mixture. If the density of the slurry becomes greater than 85 pounds per cubic foot, the slurry shall be removed by methods approved by the Owner/Engineer and the excess,solids shall be removed by screening or by a centrifugal-type desander. 3.03 EXCAVATION PROCEDURE 1. The Contractor shall take all precautions in conduct of work as may be necessary to avoid disturbance or damage to existing utilities and other structures. 2. The excavation equipment shall remain at least 20 feet away from overhead utilities. 3. The trench excavation shall be at least 2.5 feet wide. 4. The trench excavation shall start in the following order: 1. Pond D1 2. Pond D2 3. Pond C1 4. Pond C2 5. Pond B 6. Pond A Beginning location and direction of construction shall be coordinated with Construction Manager and approved by the Engineer. 5. Excavation of a lead-in trench is required if placement of the initial slurry is to be accomplished without the use of a clamshell. The lead-in trench shall commence far enough away from the cutoff wall and ramp down to the full depth of the cutoff wall at a slope of 1.5 horizontal to 1 vertical to avoid segregation of backfill particles. 6. The trench excavation shall be continuous to the depths indicated on the Plans or as directed by the Owner/Engineer.Actual depth of the wall will be determined based on visual observation of the trench cuttings. The wall shall be keyed into the dense base layer material at least 1 foot or as directed by the Owner/Engineer. 7. The entire depth of excavation shall be carried along the trench line. Prior to backfilling any portion, and before the excavator starts his next cut,the Contractor shall pass the excavating tool along the completed section of the trench excavation to confirm continuity. 8. The toe of the slope of the trench excavation shall not advance beyond the backfill slope by more than 200 feet. 9. The excavation shall be continuous from one end to the other, unless approved by the Owner/Engineer. If for some reason it becomes necessary for the slurry wall to be constructed in phased segments, some re-excavation of the previously constructed phase of the slurry wall will be necessary.This re-excavation shall consist of backfill removal and reconstruction of a minimum horizontal length of 10 feet of slurry wall over the entire depth of the wall. 10. The Contractor shall maintain trench stability to its full depth at all times. Sloughs, slides or any instability shall be re-excavated and/or repaired as approved by the Owner/Engineer. 11. Stockpiling. Material excavated from slurry trenches that is suitable for the backfill mixture may be stockpiled adjacent to the trench for subsequent processing. 12. Cobble and Boulder Removal. The Contractor shall excavate all cobbles and boulders as necessary along the slurry wall alignment and dispose of them at an on-site location-as directed by the Owner/Engineer. 3.04 SLURRY TRENCH BACKFILL A. Mixing 1. Mixing and blending shall be performed in such a manner as to produce the required backfill as specified in Paragraph 2.01F, Backfill. 2. The Contractor shall make every effort to cooperate with the Owner/Engineer in developing and enacting a mixing technique to satisfy the hydraulic conductivity criterion.. The Contractor shall, if directed by the Owner/Engineer,employ one or more of the following techniques to satisfy the hydraulic conductivity criterion: A. Use a higher percentage of clay and silt materials in the backfill by separating and spoiling the excavated sandy layers. B. Add dry bentonite, up to 3.5 percent by dry weight, to the backfill. Bentonite shall be spread over 6 to 8 inch thick layers of soil backfill material and mixed thoroughly. C. Add more bentonite to the slurry mixture. D. Use material from an approved off-site area with a high percentage of clay and/or silt in the backfill by importing material. 3. Stockpiled material from excavation and off-site materials for slurry wall backfill shall be thoroughly mixed and blended into a homogeneous mass, free from large lumps or pockets of fines,sand, or gravel, by windrowing, disk harrowing, bulldozing, blading, or by other methods such as a pug mill, as approved by the Owner/Engineer. 4. Slurry may be sluiced into the backfill mixture during blending operations to obtain the required consistency and slump. Sluicing with water will not be permitted. 5. Excess slurry that may drain away from the mixing operations shall be allowed to drain back into the trench or shall be collected if mixing is done at a remote location. In no case should excess slurry flow outside of the construction limits. 6. The Contractor may be required to add dry bentonite to the backfill material by broadcasting, pug mill or other methods approved by the Owner/Engineer to achieve the desired hydraulic conductivity value. 7. If the backfill material is mixed adjacent to the trench, the Contractor shall construct a small dike(0,5-1 foot high)parallel to the slurry trench, if required by the Owner/Engineer, in order to keep the backfill from flowing uncontrolled into the trenches as a result of wave action created by the dozer mixing the backfill. Intermittent openings in the dike will be allowed so that excess slurry may flow back into the trenches. 8. The Contractor shall mix backfill at a remote mixing area if conditions are not acceptable to the Owner/Engineer along side of the trench. 9. No mixing of backfill material shall be performed when the air temperature is continuous below 25 degrees Fahrenheit unless otherwise approved by the Owner/Engineer. 10. Mix only the quantity of backfill that is needed to construct the wall. B. Placing 1. The backfill mixture shall be in compliance with the backfill requirements, immediately prior to introduction into the trench. 2. The backfill shall be placed so that no pockets of slurry are present in the completed slurry wall.The backfill shall not be deposited in any manner that will cause segregation. Dropping of backfill material into the slurry will not be permitted. 3. The Contractor shall backfill continuously in the direction of the excavation from the beginning of the trench to the end of the trench, unless approved by the Owner/Engineer. 4. If a lead-in trench is not excavated, the initial backfill shall be placed by lowering the material to the bottom of the trench by means of a clamshell bucket or other approved equipment until the backfill emerges from below the slurry surface and achieves its natural angle of repose from the bottom of the trench to the surface. 5. Placing operations shall proceed in such fashion that the top of the backfill below the surface of the slurry shall follow a reasonably uniform grade and shall not have hollows that may trap pockets of slurry during subsequent backfilling. The bulldozer operator shall pile sufficient backfill on the edge of the existing backfill to cause the backfill to enter the trench by sliding down the forward face of the previously placed backfill. 6. The toe of the backfill slope shall not be less than 30 feet following the toe of the excavation to permit proper cleaning. 7. Additional backfill material shall be placed on top of the trench to accommodate settlement. 8. No placing of backfill material shall be performed when the air temperature is continuously below 30 degrees Fahrenheit unless authorized by the Owner/Engineer. 3.05 TREATMENT OF THE TOP OF THE SLURRY TRENCH CUTOFF WALL A. Temporary Protective Layer.A 2 foot temporary protective layer of excess slurry shall be placed over the top of the backfill mixture, after the backfill reaches the top of the slurry trench and before drying out of the backfill can occur. B. Final Protective Layer. The Contractor shall not cap the slurry wall until approved by the Owner/Engineer. Excavation for the final slurry trench shall not be accomplished until that portion of the completed trench has been in place a minimum of 7 days, except for the areas where traffic access must cross the wall. 3.06 EXCESS SLURRY DISPOSAL Excess slurry shall be disposed of off-site at a permitted disposal facility,or onsite by methods approved of by the Owner/Engineer. Disposal of the slurry shall comply with all Federal, State, and Local laws and regulations. Under no circumstances shall slurry escape to nearby drainage courses,sewers, wetlands, or detention basins. PART 4-MEASUREMENT AND PAYMENT Measurement for payment for the slurry wall shall be based on the area in square feet as calculated by "one-time" multiplication of the depth of the slurry wall by the horizontal length as constructed in place unless over-constructed at Contractor's discretion then design quantities will apply. The length of slurry wall will be as shown on the Plans or as modified and approved by the Owner/Engineer. Measurement will be done jointly by both the Contractor and the Owner/Engineer. The depth of slurry wall shall be as measured on a vertical profile through the centerline of the slurry trenches within the boundaries established, by the top of the as constructed temporary working surfaces, as described in Sub-Section 3.01, Temporary Working Surface Preparation, and the bottom of the excavated trenches. Measurements will be based on surveys and soundings taken at the site as directed and approved by the Owner/Engineer. Measurement for payment of any Off-Site Disposal of Excess Slurry shall be based on the actual volume in gallons of excess slurry disposed of at an approved off-site disposal facility as determined from the disposal receipts. Measurement for payment of Off-Site Materials for Slurry Wall Backfill shall be based on the computed tons of approved materials as determined from the total weight shown on the supplier's tickets. Payment for slurry wall will be made at the unit price for Slurry Wall. The unit price shall include the costs of all materials, equipment, labor and expertise for the construction of slurry wall in accordance the Specifications, Drawings, or as directed by the Owner/Engineer. Payment for off-site materials for slurry wall backfill will be made at the unit price for Off-Site Materials for Slurry Wall Backfill. The unit price shall include all equipment, labor, material and expertise required for furnishing off-site materials in accordance with the Drawings, Specifications, or as directed by the Owner/Engineer. The completed Work will be paid for at the contract unit price for the following: Pay Item Pay Unit Working Platform Lump Sum Slurry Wall Square Foot Onsite Materials for Slurry Wall Backfill Ton Off-Site Disposal of Excess Slurry Gallon I On-Site Disposal of Excess Slurry Lump Sum EXHIBIT F -- RECLAMATION PLAN MAP AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT L -- RECLAMATION COSTS The largest area that will be disturbed during the life of this mine is during the construction of the embankment for reservoir O1. The worst case scenario assumes that 50% of the reservoir O1 embankment has been constructed and the overburden has been removed from all of the areas outside of the reservoirs' footprints (and is outside of the floodway). This scenario also assumes that the Division would regrade the embankment rather than constructing the remaining 50% and that all regrading would occur outside of the slurry wall (to preserve the ability to store water in the approved vessels). Since all mining will be conducted at a 3:1 slope, no grading should be necessary inside of the slurry wall. 50%of reservoir embankment to be regraded: 530,000 cubic yards Area to replace topsoil and reseed—approximately 330 acres We request that the Division calculate the reclamation costs associated with this amendment. Reclamation Bond for Slurry Wall We request that the reclamation bond be calculated using the"regulated construction option" as described in the"Guide to Specification Preparation for Slurry Walls and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit," Division of Minerals and Geology, September, 2000. For the areas that have already been disturbed by the mining operation, we request the 20% bonding option. Refer to Exhibit L, for quantities for the reclamation cost estimate. For the areas that have not been mined, we request that bonding for the slurry wall be waived. • The slurry wall specifications and quality control/quality assurance standards are included with this application. • Construction of the slurry wall will be conducted under the approved Temporary Substitute Water Supply Plan that will account for evaporative loss of water exposed in slurry trenches and the consumption of water entrained in the gravel to be surrounded by the slurry wall. • The permittee will conduct in-situ testing prior to exposing groundwater in the pit to demonstrate that the slurry performs up to State Engineer Standards. The above is consistent with the requirements set forth in the"Guide to Specification Preparation for Slurry Walls and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit," Division of Minerals and Geology, September, 2000 on page 13, bullet 3: PERMITTING OPTIONS • There are circumstances where an Applicant proposes to install a slurry wall prior to initial excavation in the pit. This method has the advantage minimizing water inflows and dewatering costs during mining. If an Applicant commits to complete installation of the slurry wall prior to exposing groundwater in the pit, and can demonstrate that the slurry wall performs up [to]the standards established by the State Engineer, bonding for the slurry wall may be waived. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT M-OTHER PERMITS AND LICENSES Office of the State Engineer Approve slurry wall and embankment designs. Federal Emergency Management Agency Letter of Map Revision for the floodway delineation along the property. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT N -SOURCE OF LEGAL RIGHT TO ENTER Gilcrest Reservoir, LLC owns this property and has an agreement in place to allow Platte Sand and Gravel to continue to mine the property (see attached). AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE LEASE AGREEMENT THIS LEASE AGREEMENT ("this Lease"), made and entered into as of December 28, 2008 ("Lease Date"), by and between GILCREST RESERVOIR, L.L.C., a Colorado limited liability company ("Lessor"), the mailing address of which, for purposes of this Lease, is c/o The Bromley Companies, L.L.C., 5460 South Quebec Street, Suite 110, Greenwood Village, CO 80111, and PLATTE SAND &GRAVEL, LLC, a Colorado limited liability company("Lessee"), the mailing address of which, for purposes of this Lease, is 5490 West 13th Avenue, Lakewood, Colorado 80124. WITNESSETH: WHEREAS, Lessor owns or has possession of the parcels of real estate which are legally described on Exhibit A attached hereto and incorporated herein by reference (separately the "Land" or the "Property");and WHEREAS, Lessor owns certain sand and gravel rights located upon a portion of the Land; and WHEREAS, Lessee has previously conducted a sand and gravel mining operation (the "Sand and Gravel Operations") on approximately 800 acres of the Property for which a mining permit has been issued by the State of Colorado, which portion of the Property is identified on Exhibit B and referred to herein as the "Mining Property" and WHEREAS, Lessee desires to continue to conduct sand and gravel operations on the Mining Property; and WHEREAS, Lessor desires to lease to Lessee, and Lessee desire to lease from Lessor, the Mining Property and certain other assets which are described herein (collectively, the "Leased Premises" or "Premises") to enable Lessee to conduct the Sand and Gravel Operations on and subject to the terms and conditions in this Lease. ARTICLE I LEASE OF THE LEASED PREMISES 1.1 Demise. Lessor does hereby tease, demise, and let unto Lessee, and Lessee does hereby hire and take from Lessor, the Leased Premises on and subject to the terms and conditions in this Lease. 1.2 Property Leased. The Leased Premises shall include the Mining Property, together with the following specific assets related thereto: (a) All rights, title, and interest of Lessor in and to any utility taps or other utility hookups belonging or in any way appertaining to the Mining Property that have historically been used in connection with the Sand and Gravel Operations. (00685550/6) IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed to be effective as of the Lease Date, notwithstanding the actual date of execution. LESSOR: GILCREST RESERVOIR, L.L.C., a Colyrad ifirnited li i it. company Lc�By: Rob rt A. Lembke, Director LESSEE: PLATTE SAND &GRAVEL,LLC, a Colorado limited liabil company By: B( �l1 lU; , Manager ES E CIPALS: f purp ' paragraph 10.7 only) R W ffschneider Roc Ro er Wayne Iloffschneider - 26- (00685550/6) EXHIBIT 0-OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED Gilcrest Reservoir, LLC owns the substance to be mined. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT Q-- PROOF OF MAILING OF NOTICES TO WELD COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT Copies of the return receipts for the certified mailings are attached below. U.S. Postal Service.,: CERTIFIED MAIL,,, RECEIPT SO (Domestic Mail Only;No Insurance Coverage Provided) u7 alFor delivery information visit our website at www.usps.com ' • 11CIA .n ru Postage $ 30.4 20rrr 0, co Certified Fee im $2, 02 0 Return Receipt Fee DwbneB O (Endorsement Required) $2. thereIn Restricted Delivery Fee LP N n CO o (Endorsement Required) $Q, p C) -n O O �T Total Postage&Fees $ $5.54 07/10/2010 014rU ` Sent to f be(\C ,aa of evh -srPOBox o. •i5 toy 9- N ofPoBox Nc. City,Stets,2IP+4 b, red e-i , ( ) „ r)(' I U.S. Postal Services:, CERTIFIED MAIL,,. RECEIPT �M1r7 (Domestic Mail Only;No Insurance Coverage Provided) 151 flJ • • • F•r.slivery inf•rm ti.n visit •ur we site at www.us•s.c•m u.0 �\ 1iM1 b4t.4y W Yg A L U �.'•� -a Postage $ `t9 4. MD T \ O Codified Fee 7CI �'r at a Return Receipt Fee Postmark O (Endorsement Required) I Here --' Restricted Delivery Fee fl N O p (Endorsement Required) t t•1 N ..D C uT Total Postage&Fees $ O to 09 t 2010 en 4•4 N reet'`'�',N , 1 V A &rteley Sci ��yir c�kSirn � N ore°Box No. j �t EyyIh ✓mil( Cary,State,ZIP+4 l! ( reeAe - Co SOG3ti SF rm 3:..,Au ust2.•. See•eversel rinsirucri ns AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S& H MINE EXHIBIT R-- PROOF OF FILING WITH COUNTY CLERK AND RECORDER The receipt from the Weld County Clerk and Recorder will be faxed to the DRMS. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE EXHIBIT S -- PERMANENT MAN-MADE STRUCTURES The Operator has a new agreement in place with Western Ditch Company that supersedes the June 26, 2001 agreement. The new agreement waives the requirement that Platte Sand and Gravel install measuring devices, weirs, etc. in the Western Ditch —see attached excerpt. AMENDMENT TO PERMIT M-2000-158, PLATTE SAND&GRAVEL, LLC; S&H MINE AGREEMENT AND AMENDMENT TO DEED This AGREEMENT AND AMENDMENT TO DEED ("Agreement"), made this 3n° day of August,2009 among THE PLATTE TRUST whose legal address is 1540 Turner Road,Colorado Springs, Colorado 80921, THOMAS SHARKEY, whose legal address is 2320 Twylby Road, Larkspur, CO 80118, their successors and assigns (The Platte Trust and Thomas Sharkey are collectively referred to hereafter as "Platte"), GILCREST RESERVOIR, L.L.C., a Colorado limited liability company ("Gilcrest"), the mailing address of which, for purposes of this Agreement, is do The Bromley Companies, L.L.C., 5460 South Quebec Street, Suite 110, Greenwood Village, CO 80111, and the WESTERN MUTUAL DITCH COMPANY, a Colorado corporation,("Western"), whose legal address is 21454 WCR 33, LaSalle,CO 80645. Platte,Gilcrest,and Western may be collectively referred to hereafter as the"Parties". RECITALS A. Platte represents that it owns water rights on the real property legally described on EXHIBIT A attached hereto (the "Property"), including (a) 24 shares of stock in the Western Mutual Ditch Company represented by Stock Certificate No. 691 (the "Western Shares"), (b) a 1/11`h of 1/4th interest in the Hewes and Cook Ditch with priorities 13 and 23, less 2 cfs previously conveyed in Book 642, Reception No. 1564312 (the "0.24 cfs Right") and, (c) 7 cfs from the Western Ditch as described in and subject to the conditions in the deed to Lars Sorenson dated January 2, 1920, and recorded in Book 559, Page 128, in the Weld County records(the"7 cfs Right"). B. The 7 cfs Right has been used in connection with the Property. Western has not previously given approval of the transfer of the 7 cfs Right for use on any other lands. C. Platte is under contract to convey the Property, the Western Shares, the 0.24 cfs Right, and the 7 cfs Right to Gilcrest. In connection with that anticipated conveyance,the Parties desire to clarify and modify certain agreements relating to the 7 cfs Right and related matters,subject to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual promises and representations contained herein,the Parties agree as follows: 1. Amendment to Sorenson Deed. As to the 7 cfs Right held by Platte, the Parties agree as follows: 1.1 Western conveyed the 7 cfs Right to Lars Sorenson (a predecessor in title to Platte),by a warranty deed recorded in Book 559, at page 128,of the Weld County real property records (the "Sorenson Deed"). The Sorenson Deed provides that "[t]he use of said water is • limited to the land above conveyed and shall be used on no other land except upon the written consent of the first party first had and obtained." Please return to Paula Taylor Rothgerber Johnson&Lyons LLP 1200 17th Street,Suite 3000 Denver,CO 80202-5855 3. Modification of June 2001 Agreement and August 2008 Agreement. 3.1 At the time of the Closing identified in paragraph 8.1 below, Platte shall deposit with Land Title Guarantee Company, as escrow agent (the "Escrow Agent"), $75,000, which shall be distributed to Western in accordance with an agreement between Platte and the Escrow Agent. 3.2 Western agrees to modification of that certain agreement between Western and Platte, Platte Sand & Gravel LLC and Tom Sharkey dated June 26, 2001 ("June 2001 Agreement") and that certain agreement between Western and Platte Sand&Gravel LLC dated August 12, 2008 ("August 2008 Agreement), to cancel Platte's responsibility for installation of any measuring devices, weirs, and/or clocks set forth in the June 2001 Agreement and the August 2008 Agreement. Western may or may not install and maintain the measuring devices at its own expense. 3.3 In the event that Western determines to install the measuring devices called for by the June 2001 Agreement and the August 2008 Agreement, and Western's costs for the installation of these measuring devices exceed the$75,000 to be paid under paragraph 3.1 above, Western shall submit detailed invoices to Platte reflecting the entire cost of such installation and Platte shall, within 30 days, pay such costs in excess of$75,000 to Western, except in no event shall the total amount to be paid to Western by Platte under sections 3.1 and 3.3 exceed $100,000. Western shall be responsible for costs in excess of $75,000 associated with the installation of any measuring devices not specifically required by or contemplated in the June 2001 Agreement or the August 2008 Agreement. 3.4 Western acknowledges that Platte's 24 shares of stock in the Western Mutual Ditch Company and the 7 cfs Right are not encumbered by or are a part of the June 2001 Agreement and that the June 2001 Agreement and the August 2008 Agreement permit any losses of water to Western as a result of mine dewatering to be made up from any suitable replacement source. 3.5 Western agrees that so long as gravel mining activity is conducted on the Property solely within areas that have been lined for storage, where such lined storage meets the design and performance standards referenced in the State Engineer Guidelines for Lining Criteria for Gravel Pits(August 1999), as such may be amended, and is otherwise in compliance with the applicable standards of the Colorado Division of Water Resources, then no water losses attributable to mine dewatering shall be deemed to occur, and no replacement of losses shall be required to offset activities occurring within the boundaries of the certified liner. The parties acknowledge that the provisions contained in this paragraph 3 control over any contrary provision contained in the June 2001 Agreement or the August 2008 Agreement. 3.6 This Agreement shall be signed and affirmed by Platte Sand & Gravel, LLC in order to effectuate and make binding the modification contained in this section 3 to the June 2001 Agreement and the August 2008 Agreement on Platte Sand & Gravel LLC, as a party to those agreements. 3 Dated the date and year first written above. THE PLATTE TRUST THOMAS SHARKEY B n.r.u.r l . Atri Y� �/ c Roxanne Vaughan' .5)N Trustee V By: Th mas .arkey Partner GILCREST RESERVOIR,L.L.C., WESTERN MUTUAL DITCH COMPANY A Colorado limited liability company ByVrQ 441 &X Frank Eckhardt,Jr. By: „tr President Robert A. Lembke Manager- vrr c\-id" Attest: By:( 1 PJd /i ./7 Name i j C ha of P • Secretary Affirmed as to Section 3: PLATTE SAND&GRAVEL LLC A Colorado 1. 'ted t'a ility co ny By: Namc: Manager 8 STATE OF COLORADO ) )ss. COUNTYOF)ecjt( ) foregoing instrument was acknowledged before me this(?f- day of August,2009, ''It6 ?1lD'il'II ughan,as trustee of The Platte Trust,and Thomas Sharkey,as partner of the S ••P • , ; II • S Witness )y band and official seal. / My Qom ssion expires 17...y) (YI • • ‘‘‘`O.GOLOQ` alLL� • Litj/ 1. My Commission Expires 12/08/2009 • Not Public STATE OF COLORADO ) )ss. COUNTY OF ')e ) `!oing instrument was acknowledged before me this,3 f\ day of August,2009, �.r7 AWI q‘7114‘'%t , an individual. n Witness y jd and official seal. e • My comnnss n expires \21P) . II • • i y , • • : i . •. ‘,4.$ NotaPublic My Commission Expires 12/08/2009 STATE OF COLORADO ) )ss. COUNTY 0E----0 e( ) The foregoing instrument was acknowledged before me this,3uti1 day of August,2009, by Robert A.Lernbke, as•manager--for Gilcrest Reservoir,L.L.C. G1�xec-E0( Witness my hand and official seal. issuer expires k).-V-1) C°1 • QP POI JoTa.'` 9 jeGalk •• • Notary Public • • • cry, U `C000 9 My Commission Expires 12/08/2009 STATE OF COLORADO ) ss. COUNTY OF` L ) T; ,::�:, ,�;ng instrument was acknowledged before me this 3t iZday of August,2009,by ; Jr., President of the Western Mutual Ditch Company. •��t+ Wi&ie•• , hand and official seal My corn++ ion expires .7//( /24J` I S 1 97• •• ....•°PpO; e/- Le./Jetez, L :tit Not.ry Public a STATE OF COLORADO ) ) ss. COUNTY OF�Enoe( ) The foregoing instrument was acknowledged before me this,3°" day of August 2009, bye tc\e..el ,as manager for Platte Sand&Gravel LLC. Witness my hand and official seal. M . + ission expires t2\E\o1 . TAY ��1 • i • olo Notary Public i • 1 • I :O Icr . ,o es tl`�gT•.(161-�.�Q.� \\ My Commission Expires 12/08/2009 10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL I: THAT PART OF SECTION 2,TOWNSHIP 3 NORTH,RANGE 67 WEST AND SECTIONS 23,26,34 AND 35,TOWNSHIP 4 NORTH,RANGE 67 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 26,TOWNSHIP 4 NORTH, RANGE 67 WEST;THENCE N0°04'47"E ALONG THE WEST LINE OF THE SOUTH WEST QUARTER OF SAID SECTION 26,A DISTANCE OF 1,239.81 FEET TO THE POINT OF BEGINNING OF PARCEL I: THENCE N0°04'47"E ALONG SAID WEST LINE,A DISTANCE OF 1,400.95 FEET TO THE WEST QUARTER OF SAID SECTION 26; THENCE N0°02'39"E ALONG THE WEST LINE OF THE NORTH WEST QUARTER OF SAID SECTION 26,A DISTANCE OF 2,605.02 FEET; THENCE EASTERLY ALONG AN EXISTING FENCE LINE AS MONUMENTED WITH RED PLASTIC SURVEYORS CAPS STAMPED RMC LS#2430 ON#5 REBAR,THE FOLLOWING 6 COURSES; 1)THENCE S80°46'14"E,A DISTANCE OF 33.08 FEET; 2)THENCE S67°58'39"E,A DISTANCE OF 1,036.08 FEET; 3)THENCE S87°11'27"E,A DISTANCE OF 676.32 FEET; 4)THENCE S55°02'31"E,A DISTANCE OF 168.79 FEET; 5)THENCE S65°42'32"E,A DISTANCE OF 245.15 FEET; 6)THENCE S72°07'53"E,A DISTANCE OF 893.32 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO.2170560; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING 6 COURSES: 1)THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S48°32'02"W,A DISTANCE OF 336.00 FEET,SAID CURVE HAVING A CENTRAL ANGLE OF 3°23'38",A RADIUS OF 5673.31 FEET AND AN ARC LENGTH OF 336.05 FEET TO A POINT OF TANGENCY; 2)THENCE S50°13'51"W ALONG SAID TANGENT,A DISTANCE OF 1,229.86 FEET TO A POINT OF CURVE; 3)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS A-1 Large Maps Available for Viewing at the Clerk to the Board's Office in the Public Review file Hello