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Home My WebLink About20090556.tiffMarch 10, 2008 Mr. Eric Scott, Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, CO 80203 RE: File NO. M-1999-098; Riverview Resource Preliminary Adequacy Review Response Dear Eric, The following provides our written responses to your comments of November 18, 2009. Each response is italicized and is preceded by the comment as provided by DRMS. 6.4.1 EXHIBIT A - Legal Description This section is adequate as submitted. A copy of the corrected legal description as submitted to the Division on November 11, 2008 is attached. 6.4.2 EXHIBIT B - Index Map This section is adequate as submitted. 6.4.3 EXHIBIT C - Pre -mining and Mining Plan Maps) of Affected Lands This section is adequate as submitted. 6.4.4 EXHIBIT D - Mining Plan The overall mining plan appears to be straightforward; however, there is one area, which requires additional clarification. The mining plan text states that gold for commercial use may be a secondary commodity of this operation; however, it is not listed on Page 1 sections 5.1 and 5.3 of the application form. Also no mention is made anywhere else in the plan of how the gold will be separated and recovered. Please clarify these points. Gold may be recovered as an incidental/secondary commodity as part of the wash process for the sand and gravel. A filter mat is inserted in the wash plant and removed periodically to be processed off -site by an assay contractor. No other processing for gold is completed on the site. (o: /It fit) udd c eur€(1,O RESOURCE CONSERVATION PARTNERS, LLC D/(1®cip.o.eox1522,Iongmont,colorado 80502.tel 303.532.2262.fax 702.0585 Mr. Eric Scott March 10, 2009 Page 2 of 9 6.4.5 EXHIBIT E - Reclamation Plan The reclamation plan currently seems to imply a phased approach, but does not state how much topsoil and overburden will be retained and used for backfill and reclamation for each phase. How much backfill will need to be placed for each phase. How many acres in each phase will require topsoil replacement and seeding? The perimeter areas around the ponds and the stockpile area to the southwest of Cell 4 do not seem to have been accounted for. This information will need to be provided so that an accurate cost estimate can be prepared. Please clarify and provide this information in the reclamation plan and/or include it in Exhibit F - Reclamation Plan Map. Overburden and topsoil will be removed and stockpiled around the perimeter of each phase as part of site preparation prior to mining. Sufficient overburden and topsoil material will be retained within each phase to complete the reclamation as proposed. The table on Exhibit F breaks down the reclamation for the entire site as follows: Type of Use Acreage Undisturbed Areas (includes existing wetlands, river setback and ROW) Mining area reclaimed to upland Mining area reclaimed to open pond Mining area reclaimed to open water pond or sealed water storage reservoir (Cell 4) Mining area reclaimed to wetland Disturbed but not mined land reclaimed to upland (to be seeded to upland dry land grass) 64 +/- acres 10.3 +/- acres 103.7 +7- acres 67.3 +/- acres 87.6 +/- acres 137.5 +/- acres Total 470 t/- acres Reclamation of the reclaimed slopes, above the high waterline of the reclaimed ponds is included in the 10.3 acres of mining area reclaimed to upland. Reclamation of the stockpile area in the southwest portion of Cell 4, and the remainder of the disturbed areas around the perimeter of the mining areas are included within the 137.5 acres of disturbed but not mined area and will be seeded to upland dry land grass. Phased, concurrent reclamation will be implemented within the mining area. Once the initial portion of each phase is prepared for mining and the working face is mined to bedrock, overburden will be used to backfill the mine face and create the finished slopes. Topsoil will be placed as the slopes are completed. Seeding will be completed during the appropriate season, at the end of each phase to assure that ongoing mining and reclamation activities do not disturb the newly seeded areas. The volume of material required to reclaim each phase is itemized below. However; concurrent reclamation practices will limit the portion of the slope to be backfilled at any given time to approximately 10% of the perimeter of each phase. Mr. Eric Scott March 10, 2009 Page 3 of 9 The following table itemizes the projected backfill, topsoil and seeding requirements for each phase: I Phase (amended Area) Backfill Topsoil Seeding 1 (38 ac +/-) Approx. 25% stripped to begin - phased site preparation and mining of the remainder 485,000 CY 2.5 Acres +/- shoreline and 21.5 acres of upland; 11,500 CY 23 Acres +/- 2 (38 ac +/-) Approximately 25% stripped to begin - phased preparation of the remainder. 485,000 CY 2.5 acres +/- reclaimed shoreline and 21.5 acres of upland; 11,500 CY 23 acres +/- 3 (74 ac +/-) Approximately 15% stripped to begin - phased site preparation and mining of the remainder 236,000 CY 5 acres +/- of shoreline and 40 acres of upland; 7,600 CY 45Acres+/- Current Mining Site Current mining operation Concurrent This area is currently 46 acres +/ (340 ac - 253 acres of reclamation is in bonded for (current bond disturbed area) process - this area reclamation of 34 for 23 acres is already bonded acres of disturbed of seeding) area. DRMS experience is that more topsoil salvaged and replaced leads to more successful reclamation. The reclamation plan currently calls for total topsoil replacement to a minimum depth of 6 inches to 1 foot. Because this site will be in a very net positive situation for topsoil, the Division would recommend at least 12 inches of topsoil should be replaced in areas that are intended for revegetation. Replacing a thicker layer of the most suitable growth medium will provide for a better chance of successful revegetation establishment and ultimately a quicker release of the site. Topsoil will be stripped and stockpiled as part of site preparation for each phase. Topsoil will be replaced to the maximum depth possible with the topsoil generated within each mining phase. Additionally, the current reclamation plan states that topsoil stockpiles that will not be disturbed for 12 months will be seeded and stabilized. The Division recommends that topsoil stockpiles be seeded and stabilized as soon as possible if that material will be set aside for reclamation, and preferably no longer than 6 months. Waiting an entire year prior to seeding will likely result in erosion and weed control issues that will need to be addressed. rf; Mr. Eric Scott March 10, 2009 Page 4 of 9 The operator practices concurrent reclamation and many stockpiles are utilized within a 6 to 12 month window for various reclamation activities. Stockpiles are placed and slopes managed to limit erosion potential and the operator has implemented an integrated weed management program for this operation that will incorporate the amendment areas. If specific stockpiles are set aside and identified for longer term use on the site, they will be seeded and stabilized as soon as practical, during the appropriate seeding window for dry land seeding. 6.4.6 EXHIBIT F - Reclamation Plan Map No final reclamation has been shown for the stockpile area located to the southwest of the Cell 4 area. Acreage around the perimeter of the pond areas does not seem to have been accounted for. How will these areas be seeded? Have all the post -mining structures been included on Exhibit F? If not, they will need to be added. Also please show roads that will remain and roads that will be reclaimed on the Exhibit F map. The stockpiles in the area on the southwest area of Cell 4 will be removed as needed for sale and reclamation and the area will be seeded to thy land grass. This area is included in the 137 acres of disturbed, but not mined area to be seeded to upland. Reclamation of the slopes of the pond perimeters is included in the 10.3 acres of mining area to be reclaimed to upland. The remainder is included in the 137 acres of disturbed, but not mined area and will be seeded to upland. All post -mining structures are shown on Exhibit F. The box under WCR 64 for the conveyor will also remain after mining and reclamation are complete. We anticipate that the proposed expansion of County Road 64 will include the structure in the expanded right-of-way for the road. The applicant will continue to work with Weld County to see if it is appropriate to leave the open box within the right-of- way, if not the applicant will backfill the box. Mining access roads are installed, relocated and reclaimed throughout the mining and reclamation activities on the site. All roads remaining within the processing area will be removed and reclaimed as part of final reclamation of that area. Gravel mining access roads located around the perimeters of the ponds will remain in place for ongoing monitoring and maintenance on the site. 6.4.7 EXHIBIT G - Water Information It appears based on the information in Exhibit G that there are a significant number of wells, including several municipal, domestic, irrigation and livestock wells within 600 feet of the proposed amended areas of operation. Because this is going to be a "wet mining" operation DRMS would like to see appropriate groundwater modeling data to show that these wells will not be impacted by the operations proposed. A ground water model will most likely show that wells within 600'of the operation may be impacted by the mining activities. The modeling will not change the applicant's commitment to monitor and mitigate impacts to area wells as set forth in the Groundwater Monitoring and Mitigation Plan included in Exhibit G of the application. Rather than try to limit the scope of mitigation with a model, the applicant has proposed this comprehensive Groundwater Monitoring and Mitigation Plan to assure that any Mr. Eric Scott March 10, 2009 Page 5 of 9 impacts to wells within 600' will be mitigated. The applicant believes that it is a more efficient use of resources and requests that the Division accept the comprehensive Groundwater Monitoring and Mitigation Plan in lieu of a model. A ground water monitoring program was established with the currently permitted operation and has been expanded to incorporate the proposed amendment properties. There are thirteen (13) ground water monitoring wells around the perimeter of the existing mining operation. Data from these wells has been collected on a monthly basis since December, 2001. Seven (7) additional monitoring wells were installed around the perimeters of the amendment properties in January, 2008. Data from the new wells is also collected monthly, which currently provides a full year of baseline, pre -mining data relative to the amendment areas. Ground water levels at wells associated with both the existing mine area and the amendment areas will continue to be monitored on a monthly basis throughout the life of the mine. The location of all of the monitoring wells appear on both Exhibit C - Pre -Mining Plan and Exhibit C - Mining Plan. On page 2 of the Groundwater Monitoring and Mitigation Plan provided in Exhibit G, it is stated in the last sentence of the third bullet point under Groundwater Mitigation that: "If, however, a subject well has not been put to beneficial use prior to mining then Aggregate Industries would have no responsibility to provide mitigation". Please remove this language from the application. Aggregate Industries will be responsible for mitigation of any licensed well that DRMS has determined to have been adversely impacted by Aggregate Industries activities, regardless of the well's use prior to mining activities. The operator acknowledges that it will be responsible for mitigation of any licensed well that DRMS has determined to have been adversely impacted by operator's mining activities, regardless of the well's use prior to mining activities. Please be aware that you will need to commit to not exposing groundwater in the amended areas until proof is provided that the Substitute Water Supply Plan has been approved, or you will be required to post a bond for 100% of the cost to backfill the operation. If the Substitute Supply Plan has been approved by the State Engineer, please provide verifying documentation. Aggregated Industries WCR, Inc. manages Temporary Substitute Water Supply Plans for each river basin where they have ongoing mining activities. The existing mining activities on this site are included in the approved plan for the Cache La Poudre basin and the amendment areas have been incorporated into the plan and approved by the Office of the State Engineer (copy of approval letter dated September 22, 2008 is enclosed). The applicant will not expose ground water on the amendment areas until the Office of the State Engineer (SEO) has issued the required well permit for expansion into the amendment areas. Also the reclamation plan for the site has been changed from lined to unlined groundwater ponds. The long-term water augmentation plan for the proposed unlined lakes to be left on site after reclamation must also be approved by SEO prior to permit approval. Please provide verifying documentation. Mr. Eric Scott March 10, 2009 Page 6 of 9 It is our understanding that Gravel Mining operations can be permitted by the DRMS with the commitment that no ground water will be exposed until an approved Temporary Substitute Supply Plan (TSSP) is in place for the site. The existing activities are covered by the existing, approved TSSP. A copy of the approved TSSP for the site is attached. Prior to release of the bonding on the site, the applicant will provide proof of a SEO and Court approved Augmentation plan for any evaporative losses from unlined ground water ponds within the permit area. 6.4.8 EXHIBIT H - Wildlife Information This section is adequate as submitted. 6.4.9 EXHIBIT I - Soils Information This section is adequate as submitted. 6.4.10 EXHIBIT J - Vegetation Information This section is adequate as submitted. 6.4.11 EXHIBIT K - Climate Information This section is adequate as submitted. 6.4.12 EXHIBIT L - Reclamation Costs The reclamation plan costs provided in this application are incomplete and a bit confusing. The biggest omission is that no actual breakdown of specific tasks or costs has been provided. Also the text of this section states that the area is within the existing permit area, is currently bonded, and no additional bonding would be required. This statement seems to be a bit contradictory with the amendment application. Perhaps what is being implied here is a phased bonding approach with a total on -site disturbance of no more than 53 acres? Please clarify. Aggregate Industries needs to prepare a bond estimate broken down by task and cost for each task of reclamation at the projected time of the maximum disturbance of the site. This estimate will be reviewed by DRMS once the remaining adequacy issues such as maximum amount of backfill to be placed; total acres requiring topsoil replacement and seeding, and all other tasks for the projected maximum disturbance have been clarified. Also, it appears that no costs for several listed features, such as the proposed underpass to Cell 4, or for removal of the conveyors, etc., have been included in the list of tasks submitted. DRMS will review the reclamation cost estimate provided, and if necessary prepare an estimate itself, if the provided estimate appears to be incomplete or inadequate. We anticipate that the area of maximum disturbance within the amended mining area will occur at the beginning of mining of Cell 4. Cell 5 will be stripped and operating as the CF Mr. Eric Scott March 10, 2009 Page 7 of 9 processing site, Phase One of Cell 4 will be stripped and ready to mine and Cell 3 will be stripped, mined and partially reclaimed. The attached table itemizes the items and associated quantities the reclaim the site at that time. We request that the Division calculate the bonding requirement. The box under WCR 64 for the conveyor will also remain after mining and reclamation are complete. It is anticipated that the proposed expansion of County Road 64 will include the structure in the expanded right-of-way for the road. The applicant will continue to work with Weld County to see if it is appropriate to leave the open box within the right-of- way, if not applicant will backfill the box. The conveyor system is an asset of the applicant. It is unlikely that the DAMS would be responsible for the removal of the conveyor system. The value of the conveyor system would more than cover the cost for removal and therefore inclusion in the reclamation cost estimate is not necessary. 6.4.13 EXHIBIT M - Other Permits and Licenses This section is adequate as submitted. 6.4.14 EXHIBIT N - Source of Legal Right to Enter This section is adequate as submitted. 6.4.15 EXHIBIT 0 - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined This section is adequate as submitted. 6.4.16 EXHIBIT P - Municipalities Within Two Miles This section is adequate as submitted. 6.4.17 EXHIBIT Q - Proof of Mailing of Notices to County Commissioners and Soil Conservation District This section is adequate as submitted. 6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder This section is adequate as submitted. 6.4.19 EXHIBIT S - Permanent Fabricated Structures There are several structures on and within 200 feet of the proposed amendment area (for example: wells, power lines, underground utilities, underpass construction for roadways, private residences, etc.). In accordance with Rule 6.4.19, when mining operations will [F Mr. Eric Scott March 10, 2009 Page 8 of 9 adversely affect the stability of any significant, valuable and permanent man-made structure located within 200 feet of the affected area, the applicant may either: Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. It is noted that you have provided a geotechnical stability analysis with the application. However, Aggregate Industries is required to show proof of an attempt to obtain agreements with all structure owners within 200 feet of operations within the amended properties. Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners, and the applicant was pursued. If for some reason an agreement is unable to be reached, the Division will review the Geotechnical Stability Exhibit as an alternative for each of those structures. The Division is especially interested with regard to agreements with owners of groundwater wells that may be potentially impacted by the proposed operations, as this operation is a "wet mining" site. Applicant attempted to enter into an agreement with all structure owners within 200'of operations within the amended area. Certified Mailings, including copies of the stability analysis, were sent to the 20 structure owners within 200' of the proposed amended area. Copies of the letters and the proposed agreements are attached. The return receipts for these mailings are also attached. Applicant received signed agreements from: Qwest North Weld County Water District DCP Midstream Beverlee Allison Copies of the signed agreements are attached for your records. One additional agreement has been negotiated with structure owner Feuerstein and will be submitted to the Division upon execution by the patties to that agreement. Aggregate Industries WCR, Inc. requests that the Division accept the Certified Mailings and Agreements received to date as the required attempt to reach agreements with the structure owners. The mining limits as proposed are based on the Stability Analysis prepared by Tetra Tech, dated September 24, 2008 and included in Exhibit S of the application as submitted to the DRMS on November 3, 2008. The proposed setbacks will assure that operations will not adversely affect the stability of any significant, valuable and permanent man-made tra 4 Mr. Eric Scott March 10, 2009 Page 9 of 9 structure located within 200 feet of the affected area. The applicant requests that the Division accept the Stability Analysis as an alternative to the signed agreements with the structure owners as outlined in Rule 6.4.19. Additional Information Please provide the Division with proof of public notice publication. Also, any letters received to date from other commenting agencies/entities have been included with this correspondence for you to review. Proof of Publication and copies of the return receipts from the notice to all landowners within 200' of the proposed amended area are attached. Thank you for taking the time to review our response. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC n � Barbara Brunk, Landscape Architect Manager CC: Weld County Clerk to the Board West Greeley Conservation District Weld County Commissioners Weld County Planning & Zoning Department rf; EXHIBIT A Legal Description LEGAL DESCRIPTION CELL A: PARCEL 1: WELD COUNTY PARCEL NUMBER: 080529300009 THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING SOUTH OF THE RAILROAD BEING DESCRIBED AS THAT STRIP OF LAND CONVEYED IN DEED RECORDED SEPTEMBER 5, 1881 IN BOOK 31 AT PAGE 324. ALSO EXCEPTING THAT PARCEL OF LAND CONVEYED IN DEED RECORDED AUGUST 2,1972 AT RECEPTION NO. 1594788. PARCEL 2: WELD COUNTY PARCEL NUMBER: 080529000048 THAT PORTION OF LOT A OF RECORDED EXEMPTION NO. 0805 -29 -3 -RE -247, RECORDED MARCH 3, 1977 IN BOOK 791 UNDER RECEPTION NO. 1712693, BEING A PART OF THE E1/2, SW1/4, SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RAILROAD RIGHT-OF-WAY DEEDED TO THE GREELEY SALT LAKE AND PACIFIC RAIL ROAD COMPANY BY DEED RECORDED AUGUST 1, 1881 IN BOOK 31 AT PAGE 289. LEGAL DESCRIPTION CELL B: WELD COUNTY PARCEL NUMBER: 080532000051 ALL THAT PART OF THE N 1/2 AND THE N 1/2 OF THE S 1/2 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING NORTH OF THE CACHE LA POUDRE RIVER AND WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 AND CONSIDERING THE NORTH LINE OF SAID SECTION 32 TO BEAR NORTH 90° 00' 00" WEST AND WITH ALL OTHER BEARINGS DESCRIBED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90° 00' 00" WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 1,918.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 45' 07" EAST, 1,140.00 FEET, MORE OR LESS TO THE EXISTING CENTER OF THE CACHE LA POUDRE RIVER AND THE TERMINUS OF THE LINE; EXCEPT THAT PARCEL OF LAND AS CONVEYED TO ROXENA VON TROTHA BY WARRANTY DEED DATED NOVEMBER 18, 1965 AND RECORDED NOVEMBER 24, 1965, IN BOOK 554 AS RECEPTION NO. 1476288, WELD COUNTY RECORDS, EXCEPT THAT PARCEL OF LAND AS CONVEYED TO D AND E INVESTMENT COMPANY BY QUIT CLAIM DEED DATED NOVEMBER 27, 1974 AND RECORDED NOVEMBER 29, 1974 IN BOOK 727 AS RECEPTION NO. 1649367, WELD COUNTY RECORDS. Riverview Resource Amendment to Permit M1999098 112c Pans Al (If G4 EXCEPT THAT PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC IN WARRANTY DEED RECORDED JUNE 12, 1980 IN BOOK 905 AS RECEPTION NO. 1827326, DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE W 1/2 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 32 AND RUNNING ALONG THE WEST LINE OF SECTION 32 SOUTH 00° 00' 19" WEST, 2,249.00 FEET MORE OR LESS TO THE CENTER OF THE CACHE LA POUDRE RIVER; THENCE SOUTH 71° 00' 00" EAST ALONG THE CENTER OF THE CACHE LA POUDRE RIVER 31.73 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27 TO THE POINT OF BEGINNING; THENCE SOUTH 71° EAST ALONG THE CENTER OF THE CACHE LA POUDRE RIVER 8.85 FEET TO A POINT; THENCE NORTH 00° 45' 56" WEST, 622.93 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27, SOUTH 00° 00' 19" WEST, 619.99 FEET TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION CELL C: PARCEL 1: WELD COUNTY PARCEL NUMBER: 080533000003 BEING A PORTION OF THE E 1/2 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING NORTH OF THE CENTERLINE OF THE CACHE LA POUDRE RIVER AND ALSO THAT PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING NORTH OF THE CACHE LA POUDRE RIVER, COUNTY OF WELD, STATE OF COLORADO, ALSO KNOWN AS LOT B OF RECORDED EXEMPTION NO. 0805 -32 -1 - RE 1539, RECORDED OCTOBER 28, 1993 IN BOOK 1408 AS RECEPTION NO. 2357087. TOGETHER WITH A PARCEL OF LAND SITUATE IN THE NW 1/4 OF THE SW 1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33 AS BEARING NORTH 89° 52' 39" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF THE NW 1/4 OF SAID SECTION 33; THENCE ALONG THE SOUTH LINE OF SAID SW 1/4 NORTH 89° 52' 39" WEST 32.23 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN BOOK 1246 AS RECEPTION NO. 2194429, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89° 52' 39" WEST 162.19 FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID CENTERLINE OF THE CACHE LA POUDRE RIVER SOUTH 40° 31' 38" EAST 244.70 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN BOOK 1246 AS RECEPTION NO. 2194429; THENCE ALONG THE WESTERLY BOUNDARY OF SAID BOOK 1246 AS RECEPTION NO. 2194429 NORTH 00° 58' 55" EAST 185.68 FEET TO A POINT ON THE SOUTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33 AND THE TRUE POINT OF BEGINNING. Riverview Resource Amendment to Permit M1999098 112c PAnn A9 (lf AS EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO BY DEED RECORDED OCTOBER 12, 1989 IN BOOK 1246 AS RECEPTION NO. 2194429. PARCEL 2: WELD COUNTY PARCEL NUMBER: 080533000001 LOTS A AND B OF RECORDED EXEMPTION NO. 0805 -33 -2 -RE 978 RECORDED MAY 4, 1987 UNDER RECEPTION NO. 2098341, BEING THE NW1/4, NW1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 3: WELD COUNTY PARCEL NUMBER: 080532000058 LOT A OF RECORDED EXEMPTION NO. 0805-32-1-RE1539, ACCORDING TO THE MAP RECORDED OCTOBER 28, 1993 IN BOOK 1408 AT RECEPTION NO. 2357087 BEING A PART OF THE FOLLOWING DESCRIBED PARCEL: ALL THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. LYING EAST OF THE FOLLOWING DESCRIBED LINE AND NORTH OF THE CENTER LINE OF THE CACHE LA POUDRE RIVER: COMMENCING AT THE NORTHEAST CORNER SAID SECTION 32 CONSIDERING THE NORTH LINE OF SAID SECTION 32 TO BEAR NORTH 90 DEGREES 00 MINUTES WEST AND WITH ALL OTHER BEARINGS DESCRIBED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90°00' WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 985.50 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°07'40" WEST 463.40 FEET; THENCE SOUTH 00°04'20" WEST, 1,162.00 FEET TO THE EXISTING CENTER OF THE CACHE LA POUDRE RIVER AND THE TERMINUS OF THE LINE. PARCEL 4: WELD COUNTY PARCEL NUMBER: 080532100072 THAT PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32 TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -SIXTEENTH CORNER OF SAID SECTION 32, WHENCE THE EAST ONE -QUARTER CORNER OF SAID SECTION 32 BEARS NORTH 88°27'12" EAST, A DISTANCE OF 1335.15 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32 NORTH 00°26'17" WEST, A DISTANCE OF 647.70 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED BY A LAND SURVEY PLAT RECORDED AS RECEPTION NO. 2422123, BOOK 1475, PAGE 32, JANUARY 9, 1995 ACCORDING THE WELD COUNTY RECORDS AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°26'17" WEST 179.40 FEET; THENCE NORTH 09°35'28" EAST, A DISTANCE OF 281.14 FEET; THENCE NORTH 74°25'18" EAST, A DISTANCE OF 115.85 FEET; THENCE SOUTH 64°08'33" EAST, A DISTANCE OF 257.72 FEET; THENCE SOUTH 64° 08'33" EAST, A DISTANCE OF 108.40 FEET; THENCE SOUTH 52°14'29" WEST, A DISTANCE OF 583.82 FEET TO A POINT ON SAID EASTERLY LINE OF RECEPTION NO. 2422123; THENCE ALONG SAID EASTERLY LINE NORTH 40°17'12" WEST, A DISTANCE OF 38.61 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.060 ACRES MORE OR LESS. Riverview Resource Amendment to Permit M1999098 112c Pane. Al (if Al DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES September 22, 2008 Ms. Kimberly K. Frick Applegate Group, Inc. 1499 West 120' Avenue, Suite 200 Denver, CO 80234-2759 RE: WW Farms Expansion, Substitute Water Supply Plan (WDID No. 0303014) DRMS File No. M-99-098 Sections 29 & 33, T6N, R66W, 6t° P.M. Water Division 1, Water District 3, Weld County Approval Period: January 1, 2009 through December 31, 2009 Contact Phone Number for Ms. Kimberly K. Frick: 303-452-6611 Dear Ms. Frick: Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director This letter is in response to the application submitted in April 2008 requesting a substitute water supply plan (SWSP) for a sand and gravel pit to be operated by Aggregate Industries-WCR, Inc. ("Applicant") in accordance with Section §37-90-137(11), C.R.S. The applicant shall be responsible for compliance with this plan, but the State Engineer's Office may also pursue the landowner for eventual compliance. The required fee of $1,593 for the substitute water supply plan has been paid. Plan Operations This plan seeks to replace depletions resulting from the mining at the W.W. Farms Expansion Pit ("Gravel Pit"). The depletions that result from the proposed dry -mining operation include evaporation, dust control, and water lost in mined product. The Applicant proposes to construct dewatering trenches to allow for dry -mining and to reduce the evaporative losses associated with the operation. During mining, a total of up to 1 acre of groundwater in the dewatering trenches may be exposed within the permit area including all exposed water surfaces. The dewatered water will be discharge through a drainage swale directly back to the Cache La Poudre River. Depletions This plan describes the proposed water uses from January 1, 2009 through December 31, 2009. The proposed plan anticipates a maximum year depletion of 19.60 acre-feet from an exposed groundwater surface area of 1 -acre in the dewatering trenches. The IDS AWAS stream depletion model was used to determine the lagged depletions to the Cache La Poudre River. The following parameters were used in the model: transmissivity (T) = 117,000 gallons per day per foot, specific yield (SY) = 0.2, the distance from the Cache La Poudre River to the edge of the alluvium = 8,750 feet, and the distance from the centroid of the exposed surface water areas to the Cache La Poudre River is approximately 700 feet. You have provided a monthly breakdown of the annual depletions at this site in your attached Table 2. The table shows that during the period of January through December 2009, the total depletions are estimated to be 19.6 acre-feet corresponding to 2.88 acre-feet of evaporative loss from an exposed water surface of 1 -acre, 14.72 acre-feet of water lost with mining of 500,000 tons Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Kimberly K. Frick Page 2 September 22, 2008 of aggregate and 2 acre-feet of dust control. These depletions have been lagged to the Cache La Poudre River and they are 17.69 acre-feet. The estimated depletions are based upon groundwater evaporation, water in mined product, and dust control. No groundwater will be used for equipment washing, concrete production, reclamation, or any other purpose. Replacements The proposed source of replacement water for this pit during the irrigation season (April through September) is historical consumptive use credit from 2.5 shares of the Whitney Ditch (WDID No. 0300930). All of this ditch interest will be dedicated to this plan. A total of 40 shares of the Whitney Ditch were recently changed in case no. 2002CW390 that was approved by the water court on September 26, 2007. As in case no. 2002CW390, this plan will estimate ditch loss to be 15 percent, a maximum farm irrigation efficiency of 60% will be used, and a return flow split of 50/50 between surface and subsurface return flows will be used. The 2.5 shares were historically used for the irrigation of 24 acres. The attached Table 3 summarizes the consumptive use analysis for the 2.5 Whitney Ditch shares that were used on the 24 acre property. The total net consumptive use available for the dry -up of this 24 -acre property is 37.3 acre-feet. The return flow of the 2.5 Whitney Ditch shares will be maintained by this plan. The remainder of the replacement water for this pit during both the irrigation and non -irrigation season is a lease of fully consumable water from excess South Platte Combined Replacement Plan. This water comes from a combination of sources, effluent from the City of Westminster (275 acre- feet), effluent from the City of Thornton (10,5 acre-feet), and 30 acre-feet from the City of Centennial. The leased water will be delivered to the South Platte River at the Metro wastewater treatment plant or the Big Dry Creek wastewater treatment plant located upstream of the confluence with the Poudre. A transit loss of 0.5% per mile has been applied to the projected depletions due to the location of the replacement delivery. The monthly depletions and replacement requirements are found on the attached Table 4. Note that only water rights decreed for augmentation purposes may be used in this plan. Conditions of Approval As required by Section 8 of Senate Bill 89-120, this SWSP has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with § 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2009 through December 31, 2009, unless otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) no later than November 1, 2009. 2. Prior to operation of the gravel pit pursuant to this plan, the Applicant must obtain a new well permit for the exposure of ground water and the uses described herein in accordance with §37-90-137(2) and (11), C.R.S. Once a permit is obtained, the Applicant must provide all follow up documentation and forms necessary to keep the permit valid. The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be located Kimberly K. Frick Page 3 September 22, 2008 within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The hearing will be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of the 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be canceled. 3. The water consumption and depletions associated with this mining operation must not exceed 19.60 acre-feet. The total surface area of the groundwater exposed at the W. W. Farms Expansion Pit must not exceed 1 -acre during the approval period of this SWSP resulting in an annual evaporative loss of 2.88 acre-feet. 4. The annual amount of water used at the operation shall not exceed 2.00 acre-feet for dust control and the total product mined shall not exceed 500,000 tons per year below the groundwater surface resulting in 14.72 acre-feet of water lost with the product. 5. Total consumption at the W,W. Farms Expansion Pit must not exceed the aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. If it is anticipated that the total surface area exposed will exceed those amounts, an amendment will need to be filed with this office prior to such expansion. 7. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 8. All releases of replacement water must be sufficient to cover all out -of -priority depletions in time, place, and amount and must be made under the direction and/or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and/or the division engineer shall determine the rate and timing of an aggregated release. 9. Replacement water is to be supplied by the 2.5 Whitney Ditch shares and excess South Platte Combined Replacement Plan and will be delivered according to the schedule included in this plan (see attached Table 4) subject to modification by the Division Engineer or Water Commissioner. Transit losses may be modified, as determined necessary, by the Division Engineer per CRS 37-80-102(7) & CRS 37-83-104. 10. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, timing, and locations. 11. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to Kimberly K. Frick Page 4 September 22, 2008 modification and approval by the division engineer. All amounts shall be in acre-feet. The accounting must include a list of locations and amounts of this leased water committed for replacement purposes. 12. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant shall install and maintain such measuring devices as required by the Division Engineer for operation of this SWSP. 13. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 14. The Applicant shall perform an inspection and provide verification for all parcels of dried up land used to generate augmentation credits during the term of this SWSP. The final verification of dry up will be in the form of an affidavit signed by an individual having personal knowledge of the dry up for the entire irrigation season for each parcel of land used in this SWSP. The Applicant shall provide all affidavit(s) to the division engineer by November 15, 2009 in order that the final determination of augmentation credits for the irrigation season can be made along with mapping showing any revisions to the dry up acreage. The Applicant shall modify accounting to reflect that the credit from any dried-up fields containing alfalfa or native grass was assessed in the following manner: (a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass, 100% credit will be given for consumptive use as otherwise computed under the conditions of this approval. (b) For fields not deep tilled or chemically treated to successfully kill alfalfa or native grass, records of monthly monitoring of depth to ground water at existing irrigation wells or existing or new monitoring wells or piezometers within 1/4 -mile of each alfalfa or native grass field must be maintained. Credits will be reduced according to the following table when depth to ground water is less than the depth assumed to provide no significant contribution to native grass or alfalfa growth. Measurements taken at the start of each month will determine the necessary reduction in credit to be applied during the following month. The applicant may use another methodology upon review and approval by the State Engineer and Division Engineer. Depth to Ground Water (Feet) Percent Reduction in CU Credit' Native Grass Alfalfa 1 85% 100% 2 50% 90% 3 30% 75% 4 20% 50% 5 15% 35% 6 10% 20% 7 5% 15% 8 0% 10% 1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED MOUNTAIN MEADOWS, South Park, Colorado, March 1, 1990; Revised September 1, 1991 Kimberly K. Frick Page 5 September 22, 2008 15. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 16. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. Once dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to continue during the term of this approval. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. 17. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all diversions under this plan must cease immediately. 18. A financial warranty in the form of a bond for $115,400, which is sufficient to pay for reclamation of the area disturbed by mining, has been obtained through the Division of Reclamation, Mining and Safety. Therefore, in the event that the operator and/or landowner fail to obtain a water court decreed plan for augmentation sufficient to replace depletions from the exposed ground water surface in the pit, the bond can finance the backfilling or lining of the pit. 19. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substituted supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirements of use of the senior appropriator are met. 20. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by this applicant. Kimberly K. Frick Page 6 September 22, 2008 Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) 352-8712, if you have any questions concerning this approval. KeSincerer: �C Q -- vin G. Rein Chief of Water Supply Attachments: Tables 2, 3, and 4 cc: Dave Nettles, Assistant Division Engineer (810 9th Street, Ste. 200, Greeley, CO 80631 (970) 352-8712) George Varra, Water Commissioner, Water District 3 (1400 Highway 287 North, Ft. Collins, Colorado 80524, 970-484-1628) Mark McLean, Deere & Ault Consultants, Inc. Division of Reclamation Mining and Safety Table -2 Aggregate Industries-WCR, Inc. WW Farms Expansion Operational Losses Applegate I Group, h,G. Date; June -08 Job #; 06.103 Month Percent of Annual Aggregate Production (1) Aggregate Production (tons) (2) Water Retained in Product (ac -ft) (3) Water Used Dust Control (ac -ft) (4) Operational Consumptive Use (ac -ft) (5) Evaporative Consumptive Use (ac -ft) (6) Total Depletion (ac -ft) (7) Jan 1.0% 5,000 0.15 0.02 0.17 0.08 0.25 Feb 2.0% 10,000 0.29 0.04 0.33 0.11 0.44 Mar 6.0% 30,000 0.88 0.12 1.00 0.14 1.15 Apr 9.0% 45,000 1.32 0.18 1.50 0.24 1.74 May 13.0% 65,000 1,91 0.26 2.17 0.31 2.48 Jun 16.0% 80,000 2.35 0.32 2,67 0.43 3.10 Jul 17.0% 85,000 2.50 0.34 2.84 0.46 3.30 Aug 15.0% 75,000 2.21 0.30 2.51 0.43 2.93 Sep 9.0% 45,000 1,32 0.18 1.50 0.30 1.81 Oct 7.0% 35,000 1.03 0,14 1.17 0.20 1.37 Nov 4.0% 20,000 0.59 0.08 0.67 0.10 0.77 Dec 1.0% 5,000 0.15 0.02 0.17 0.08 0.25 Total 100% 500,000 1432 2.00 16.72 2.88 19.60 Total Material Mined =- Moisture Content = Dust Control 500,000 4.0% 2.0 tons ac -ft Notes• (1) Based on estimated mining activity. (2) Equals column (I) * Total Material Mined, (3) Equals column (2) * 4% * (2000 / 62.4) / 43,560. (4) Dust control was estimated at approximately 2 acre-feet annually. (5) Equals column (4) + (3). (6) Taken from Table No. 1. (7) Total Depletions equal column (5) + column (6). I Average Pro -Rata Farm Water Surface Lagged Historic Diversion for Headgate Available Crop Irrigation Actual Historic Total Return Subsurface Subsurface Accretions/ Headgate Delivery (FHD) to Crop Requirement Consumptive Return Flows Return Return Flows Depletions Month (af) (at) (af) (CIR) (af) Use (af) Flows (af) (af) Flows (af) (af) at River (af) 3 M .-I cm Ill N O O v. LAN IA .y 71 71 O IA W 4 fA •7i 71 7I M M ..-, en .-I O at O .-I V, N 01 O N in O O O U:1 IA Cr IA CO 1/40 N O O R = 0 0 0 0 N N V' en N 0 0 0 V,y H. O O O 1.0 Ill V' LA CO LO N O O in �000.-Iv 0 0 0 0 N N t lA N 0 0 0 0 0 0 .a C C o In .ti V o o volrvi000 ,_, -'1 ^'1 W 0 0 0 t0 0 O N. O o7 N 0 0 O2 V O O 6 6 V' l0 O� ' a O O (:M M 0 0 o V. N 0 o Hi CO 0 0 m x 0 0 0 .-I V' T ti 2 in 6 ci C ri). 0 0 0 .--IV' H W in O Cr 0 0 N. v o 00 .-i vi Rti 2, vi o 00; 0 0 o co o m N 41 o, N o o t. Lll Q o1IomeoH O O M N M n T lD V 0O 0 0 ui FR N .-I N N H *I C 2) L- o. C 01 a Y� o v A ti a a f n n a l� V Z n ~O. F - m a J C > 0 C NM N E l tn of P IN $ C Hv .°-. 0 m C. O - N b z QEc Z--- N 'o a 2 m na w e a +� vu 3 .'A. P. .°c `d e f rn c w La N U U m c m g oS E m o,C o• o J Iu j ct � C_ O a 10 pl cg." b-2 o N R Y " f0A a 'o p ..88g - 6m a) g r -0 La -oo r N 00'. N S u g m i a U Y .141 c r� �u o� v vF3�� o ,:c, ox ENti N ` w2 o w€No`BaE'N -2 co .gLLm�f°m^�8ot C. >&m2 5 'Ai F) c< ( vlo.g8c5wv3u932 <C1 Uo wu U) = "n i Table -4 Aggregate Industrles-WCR, Inc. WW Farms Expansion Water Balance pa Applegate Group, tae, Date: June -OS Job #: 06-103 Net Depletions South Platte Replacement Sources Balance Month Total Depletions (af) (1) Lagged Depletions (af) (2) Net Accretions and Depletions for 2.5 sh of Whitney (af) (3) Net Obligations (at) (4) Excess CU Credit (af) (5) Available Perpetual Lease from Westminster (6) Thornton Effluent Lease (7) Centennial Lease (8) Excess South Platte CU Water (9) Jan 0.25 0.15 -1.25 -1.40 18.36 1.47 18.43 Feb 0.44 031 -1.11 -1.42 16.53 1.38 16.49 Mar 1.15 0.77 -0.99 -1.76 18.29 1.47 18.00 Apr 1.74 1.28 0.27 -1.01 17.43 16.42 May 2.48 1.88 5.53 0.00 3.66 17.76 17.76 Jun 3.10 ; 2.44 8.21 0.00 5.77 16.72 16.72 Jul 3.30 2.76 13.84 0.00 11.08 9.96 9.96 Aug 2.93 2.66 12.04 0.00 9.38 9.97 9.97 Sep 1.81 1.98 5.40 0.00 3.42 9.82 9.82 Oct 1.37 1.51 -1.50 -3.01 17.69 17.10 31.79 Nov 0,77 1.04 -1.72 -2.76 17.46 1.42 16.13 Dec 0.25 0.58 -1.45 -2.03 18.28 1.47 17.72 Total 19.60 17.34 37.26 -13.39 33.31 188.27 7.22 17.10 199.20 Nntec (1) Total Depletions from Table 2 (2) Glover Technique: T = 117,000 gpd/ft, Dlst to River = 700 ft, Width of AlWhim = 8750 ft; S = 0.2 (see Appendk A) (3) Accretions are (+) gains to the stream system and depletions (-) are owed (4) Includes the Return flow obligations from the Whitey + the Lagged Depletions from the Site (5) Whitney CU In excess of depletions that need replacement. (6) Perpetual tease from Westminster Is 295 ac -feet - 20 of used for Ted Aug Plan (Includes 0.5% transit Loss per mile for 63 miles) (7) Ongoing lease of Effluent from the City of Thornton (Includes 0.5% transit loss per mile for 63 miles) (8) Ongoing lease from Centennial for 30 of (includes 0.5% transit loss per mile for 86 miles) (9) Sum of (6) + (7) + (8) - (4) the Net Obligations for the Site Riverview Resource MINE RECLAMATION COSTS ITEM i UNIT I COST PER UNIT i NUMBER OF UNITS I TOTAL COST t O w w d 23 d ct a e W tw e O E C W .11 C) 1 O y ti ITEM (PERCENT OF D.R.C. COST Indirect Cost: Overhead & Profit Jf`sY iv wog; the '7-�I•Y` e7:?f- a �'""ns / r �v,.W,«rw.a..w..n-:ra�+.u�«��.-+!e+,v,-.,.+.rti.v*.*wp{....vmz-n.,,,...,«.evn:�r.s...::.,.y� .,..,�..o.. ..,1 Per Acre Cost of Reclamation (40 acres) O LU O In O ui O 47 O O O ci co O In O B N O O O NI: O O O r e-- !Total Direct Reclamation Cost (D.R.C.) O 0 In 1- 1.55%I O O O Oisi O O O Total Indirect Reclamation Cost � su= „. , „ a Public Liability Insurance Contractor Performance Bond Contractor Profit IDRMS Project Administration Expense Acre Acre N 0 Q d) 0 Q Cubic Yard Acre N U Q Cubic Yard Linear Foot Lump Sum Lump Sum Grass Seed Mix Drilling Grass Seed IFertilizer-40#A N&P Fertilizer Application Top Soiling with Dozer/Loader Disking or Scarifying Weed Control Back Sloping Conveyor Removal Mobilization & Demobilization o) c c co d K:\Barbb\AI\Greeley\Referral Response\DRMS response 3 10 09\Exhibit L Rec Cost Estimate for DRMS to calculate.xls 3/10/2009 AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: Qwest 1801 California St., 25th Floor, Denver, CO 80202, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2" AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6"' P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: fiberoptics, telephone lines, and buried telephone lines, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M1999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: Qwest �jt�t2 �ti Date: Structure Owner Signature State Of Colorado ) q ) ss. County of LJ&1.O ) The foregoing instrument was acknowledged before me this / Z day of azer eee , 2008, by tPO r'I t1 %t-l4rL. as IL/t.J Y rv/KreL of QWttsY cot:41,ti-k'rtaa (SEAL) My Commission expires: / V/ //) 1207.0) j Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, Inc./Qwest Page Two Aggregate Industries - WCR Inc. B State Of Colorado ) ss. County of ) Date: yTheforegoinggii7nsttrument was acknowledged before me this 9 day of �7/j ri /4 , 200%by %Y einto'46 e, 1 as /719'of Aggregate Industries0iy�ttUl7WCR, Inc. ,n /1 ,r? %7 4A4 (17°9 (SEAL) My Commission expires: 02/449 Notary Public Struc ure Owner Signature AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES tievea le e THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, , hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: Allison grewmlee 13165 CR 64, Greeley, CO 80634, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2"d AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: a farm house, and buildings, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to MI999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: B4verlee Allisongrewnlee n Date: �7 Q c��,/ 3 20a 2 i State Of Colorado ) ) ss. County of 4',, ) -WI The foregoing instrument was acknowledged before me this p2 day of , 2008, by tBeatt.4A dad (SEAL) as of My Commission expires: ,0?/le —a9 done:a SA; Notary Public Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, Inc./Allison Brownlee Page Two Aggregate Industries - W Inc. Date: State Of Colorado ss. County of 1#44.4.v ) The foregoing instrument was acknowledged before me this 714day of frifse, , 20y by (SEAL) My Commission expires: as V /°• z d72,4;, , of Aggregate Industries - WCR, Inc. d-/l_act 4902-44: 2, Notary Public AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd.. Gulden, Colorado 80401, and: DCP Midstream 370 17th St., Ste 2500, Denver, CO 80202, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be Informed about the mine and the reclamation. further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2"d AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: gas lines, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M 1999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: DCP Midstream Date: /,2-0 3--2OO8 Structure Owner Signature State Of Colorado ) ss. County of t tto ) n ,(� The foregoing instrument was acknowledged before me this r'f day of b2 ('E PAIC(' 2008. by bL./:J .e A62.../rte as ,esiftvi.yy. S. FAci of .o e e /n -11'4s Per a ..y !-t's (S E A I.) My Commission expires: 3 f eg o n Notary Public Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, tne./DCP Midstream Page Two Aggregate Industries- WCR, Inc. Date: State Of Colorado ) ss. County of ) The foregoing instrument was acknowledged before me this _f day of aft 200,7 by Adsedi C. 12# as VP - C4Lrmr.r (SEAL) My Commission expires: "14 ' O of Aggregate Industries- WCR, Inc. Snmit Notary Public AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: North Weld County Water District, 33247 Hwy 85, Lucem, CO 80646, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2nd AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6'" P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: a building, overhead power lines, and water lines as shown on Exhibit C, Sheet 2 of Mining Plan Map Amendment to M1999- 098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: North Wcld County Wjr istrict Structure Owner Signa State Of Colorado ) ) ss. County of WWI, ) Date: ,/t/090r The foregoing instrument was acknowledged before me this 81, day of ta_u_,w..b.J , 2008, by Q)AoJ\Es F .cyi as �rt �tAinlr' 000 D. ... /O�G fiy'ttibtrW 4;•e.x 45:: iO•l9 2O12 �u+ PUBUO r000 \ e� op ,\ 4��rllllllllOp co111\\\\\ of 1Jo4t.WUACo..nkr Wnicr ptstntt of ry 'u.lic Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, Inc./ North Weld County Water District Page Two Aggregate Industries - WCR, Inc. By State Of Colorado County of ) ss. Date: / The foregoing instrument was acknowledged before me this � ay of I 71709 %%Ul�ei�et ogin as j//o-&t nc,. (SEAL) My Commission expires: � it of Aggregate Industries - WCR, Inc. drina aide; , 20118 by Notary Public Affidavit of Publication PUBLIC NOTICE Aggregate Indusmes ; 1707 Cole Blvd 4100, Golden, CO 80401, 303.716.5312, has filed an application to amend a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construc- tion Materials. The proposed mine Is known as Riverview Re- source , and is located at or near Sections 29, 32 8 33, Town- Theproposeddange teoff oocommencement is Meridian. January2010, and the the laontl ised ate WildlifeHabietat Additional information 24. The tioand tentative d future use of decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld Clerk to the Board's office; 918 10th St., Greeley, CO, or the above -named applicant. Comments must be in writing and must be received by the Divi- sion of Reclamation, Mining, and Safety by 4:00 p.m. on Janu- ary 2, 2009. The Tribune November 22, 29, December 8, 1s, 2008 STATE OF COLORADO County of Weld, Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said newspaper - bearing date the Twenty-second day of November AD. 2008, and the last publication thereof: in the issue of said newspaper bearing date the Thirteenth day of December AD. 2008:,that said The Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue there of contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. November 22, 29, December 6, 13, 2008 Total Charges: $130.56 13th day of December, 2008 My Commission Expires 02/14/2011 Notary Public Certified Fee §\ « \ \\ ! \�\ gl cadg /0t \ Es„ 0E62 2000 0952 !GE! C 9 H \ + 7007 2560 0002 2930 2452 O C -DI — CC CID law � CC oa3 n : zel,o3 «o ;,g ouo G ~` \ ];2 o $;/ ,ezm= Iro r z n = / \ \ ; G z e Lj % L. STE2 0E62 .13 irt 2000 \S2 \\\ /\8 / 1210 co toot \43 , • / ] k 2 5.2 co O4 cc L" ct I. o Total Postage $Fees 2622 0E62 2000 0952 t00L in L. L. 11- c N ra 0 O ' n 2 0 u °' in r•I O C U c,'1, o • x C s. 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