The URL can be used to link to this page

Browse Search

Home My WebLink About20092723.tifflbTETRA TECH January 12, 2010 Weld County Clerk to the Board of County Commissioners 915 10th Street Greeley, CO 80631 Via Overnight Mail RE: Response to Adequacy Review #3 Comments Greeley 35`h Avenue Mine, DRMS File/Permit No. M-1977-036, Amendment 01 Dear Clerk: Attached please find a copy of a copy of the response to Adequacy Review #3 Comments for the MLRB 112 Permit Amendment Application for the Greeley 35`h Avenue Mine in Weld County, Colorado. As required by Section 1.6.2 (1)(c) of the Colorado MLRB Rules, a copy of these materials must be made available to the public through the County in which the project is located. Therefore, please file these document with the copy of the Greeley 35` Avenue Mine Application that we provided to you on July 6, 2009. As proof that you have received this document, please sign and time and date stamp below. Thank you for your assistance. Sincerely, TETRA TECH Pamela Franch Hora, AICP Senior Planner Attachment This is to certify that the above referenced document for the Greeley 35th Avenue Mine DRMS application was received by the Weld County Clerk to the Board of County Commissioners to be kept on file for public viewing. Certification: The above me tioned docu , ent was received by: / O /a/L(2. ounty Clerk tot e Board of County Commissioners Time and Date Stamp Here: P1.2351 h' 71-23511-08005VDelhr rabies\DNNS\Record or FJlnys with (bunts cover letter 112 10 doe h> 0 N �1 D �c do _o2 7O23 itTETRA TECH January 12, 2010 Mr. Jared Ebert Environmental Protection Specialist Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Response to Adequacy Review #3 Comments for Lafarge West, Inc's Greeley 35th Avenue Mine, DRMS File # M-1977-036, Amendment 01 Dear Jared: This letter is in response to your Adequacy Review #3 Comments for Lafarge West, Inc's Greeley 35`h Avenue Mine, DRMS File # M-1977-036, Amendment 01. Below is a listing of the comments followed by our responses to those comments. 6.4.6 EXHIBIT F — Reclamation Plan Map 1. Page E-2 of the reclamation plan indicates slopes above the post mine water level will be reclaimed to a 4H:1V (horizontal to vertical) ratio and slopes below the post mine water level will not exceed a 3H:1 V ratio. Given this commitment, there are several discrepencies on the Reclamation Plan Map. For the West Pit and the two South Central Ponds, the majority of the pit slopes are depicted with 3H:1V reclaimed slopes from the bottom of the pit to the top of the pit above the post mine water level. The southern pit slopes of the North Central Pit and the eastern pit slopes of the Mining Cell are depicted to have 2.5H:1V reclaimed slopes above the post mine water level. Also, page 3 of the Reclamation Plan Map indicates the typical pond slopes will be reclaimed to a 3H:1V ration for the entire length of the slope. Please revise the maps to correspond to the proposed reclamation plan or revise the reclamation plan to leave 3H:1V slopes above the post mine water level. In either case, the slopes depicted for the southern slopes of the North Central Pit and the eastern slopes of the Eastern Mining Cell will need to be re -drawn to correspond to the proposed reclamation plan. We have corrected page E-2 of Exhibit E: Reclamation Plan to indicate that slopes both above and below the post -mine high water level will all be 3H:1 V or flatter. In addition, we have modified the Exhibit F: Reclamation Plan Map to make sure all slopes are shown at 3H:1V or fatter. 1900 S. Sunset Street, Sune I-i Longmont, CO 80501 Tel 303772.5282 Fax 3037727039 www-tetratech.com r 1Hmilb TETRA TECH 6.4.12 EXHIBIT L — Reclamation Costs Page 2 of 2 Mr. Jared Ebert January 12, 2010 2. Please address item 26 from the first adequacy review: 26. Since 140 Acres of open groundwater will remain after the site is reclaimed, Lafarge must obtain a court approved augmentation plan from the Office of the State Engineer. The Division is required to set the financial warranty at a level which reflects the actual current cost of fulfilling the conditions of the Reclamation Plan per Rule 4.2.1(1). Therefore, without an augmentation plan in place the financial warranty must be set at an amount which accounts for the exposed groundwater. The Division has identified several options for determining the amount of the financial warranty. The applicant must choose one of the following options to be included in the financial warranty calculation: a. Backfill all of the pits to two feet above the groundwater level. b. Install a slurry wall or clay liner. c. Provide the Division with documentation from SEO, which demonstrates that the Application owns a sufficient amount of shares of water to cover the evaporative losses from the exposed groundwater and the said shares have been committed to the SEO should the financial warranty forfeited and the permit revoked. If the applicant obtains an augmentation plan prior to final release, then the financial warranty will be adjusted accordingly. Lafarge is still working through some issues necessary to decide how to respond to this comment. They will make a decision regarding this issue prior to the Decision Date. Thank you for your consideration. Sincerely, TETRA TECH Pamela Franch Hora, AICP Senior Planner Attachments cc: Anne Johnson P \2351 I\Ill-23511-08005\Deliverables\DRMS\Adequacy Review \ Response 12 15 09 comments. doc EXHIBIT E Reclamation Plan Design intent The Lafarge Brown property will be mined as part of the West Pit of the Greeley 35th Avenue Pit site. The West Pit will be reclaimed as an open water pond. Excess overburden or portions of the deposit not mined will be used to vary the shape and slopes of the finished unlined pond. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. This reclamation plan was developed based on: • A thorough evaluation of the environmental resources and existing conditions on and adjacent to the property; • The context of the property relative to existing and planned land uses in the area; • The volume, depth and configuration of the mineral resource; • The landowners' plans for the property; and • The rules and policies of the City of Greeley, the Colorado Division of Minerals and Geology and other applicable local, State and Federal agencies. Key considerations include the following: • The Cache la Poudre riparian corridor borders the northwest side of the Lafarge Brown property. The corridor has been left out of the permit boundary adjacent to the Lafarge Brown Property. • The open water pond which will be created upon reclamation of the Lafarge Brown property may provide some wildlife habitat due to its proximity to the river corridor. Post -Mining Land Use Following the mining of the Lafarge Brown property, the land will be reclaimed to be part of the open water pond planned for the West Pit. All disturbed areas around the perimeter of the mined area will be revegetated with a native seed mix, as recommended by the Soil Conservation Service (recommended seed mixes below). This use is compatible with the surrounding land uses and with the City of Greeley planning goals. Lafarge will concurrently reclaim mine walls where mining has been completed according to the Mine Plan. Reclamation, including re -grading and seeding, will be completed within two to five years following the completion of mining or filling operations. The mining and reclamation will leave no high walls on the property. No acid forming or toxic materials will be used or encountered in the mining. There will be no auger holes, adits, or shafts left on the site. Topsoiling Topsoils in the proposed mine areas are Aquolls, Aquents, and Fort Collins loam. All suitable soil material will be salvaged for topsoil replacement. Topsoil will be replaced, where required, in reclaimed areas at a depth of approximately six to twelve inches. The topsoil will be segregated and stored separately from the overburden material as required by Rule 3.1.9(1). Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page El of E4 Soil amendments are not expected to be required due to the nature of the soils. However, topsoil samples will be subjected to agricultural testing prior to reclamation to assess fertilizer requirements. The Soil Conservation Services (SCS) will be contacted periodically throughout reclamation for soil tests. SCS soil fertilizer recommendations, if any, will be followed. Reclamation Measures — Material Handling Site reclamation measures are illustrated in Exhibit F. The Lafarge Brown property will be reclaimed to be part of the open water pond planned for the West Pit. The pond will be an un- sealed groundwater pond. All mine walls will be re -graded with overburden material. If needed, portions of the deposit not mined may be used to supplement the overburden. Slopes both above and below the post -mine high water level will all be 3H:1 V or flatter. Topsoil will be spread over the surface of the re -graded slopes in all areas above the post -mining pond level; all topsoil -covered surfaces will be revegetated with the appropriate seed mix. Topsoil replaced in reclaimed areas will be at a depth of approximately six to twelve inches. Scrapers and a dozer will be used to place the backfilled overburden and topsoil. Using the scrapers and dozer to layer the lifts at a maximum 3H:1 V slope ensures a stable configuration. Site grading will be performed to create stable topography and will be consistent with post -closure land uses. Reclamation costs and quantities are summarized in Exhibit L. Water Overburden and mine materials will be inert and impacts to local surface water or groundwater quality are not anticipated to occur as a result of mining activities. Lafarge West, Inc. will comply with all applicable Colorado water laws and all applicable Federal and State water quality laws and regulations and appropriate storm water management and erosion control to protect the river and existing riparian vegetation. Wildlife The Lafarge Brown property is adjacent to the Cache la Poudre River corridor which provides wildlife habitat to a variety of species (see Exhibit H for details). While a portion of the Lafarge Brown property is within this corridor; none of this portion of the property is being included within the permit boundary for this application. The Poudre Trail Corridor and a fence separate the area within the permit boundary from the river corridor. Therefore, the proposed mining on the Lafarge Brown property will not significantly impact wildlife within the riparian corridor. Revegetation Following topsoil replacement, reseeding will be performed according to SCS recommended practices. Based on SCS guidance for other local projects having similar surficial soils, the following revegetation procedures are anticipated: • Grass seed will typically be planted in unfrozen soil between October 1 and April 30. • Grass seed will be planted with a grass drill, or where necessary, with a broadcast seeder. Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E2 of E4 • The proposed seed mix and application rates in pounds of pure live seed per acre are described on the following pages. • Weed control practices will be implemented as required. The above procedures may be modified as conditions dictate. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will be used only if no other alternative produces acceptable results. Marsh and aquatic plants are expected to establish themselves along the shoreline of the post - mining pond. The species of plants anticipated to establish themselves naturally along the pond shoreline include cattails, willows, cottonwoods, and bulrushes. The existing riparian areas along the Cache la Poudre River would function as a seed bank for the pond area. These plants should minimize shore erosion potential. The following are the proposed seed mixtures to be used on site where appropriate. However, availability may dictate the need for variety substitution. Seed Mix for Upland Areas a t£ (IbsIacle Western Wheatgrass Agropyron smithii Arriba 17.0% 1.74 Sideoats Grama Bouteloua curtipendia Butte 17.5% 1.80 Mountain Brome Bromus marginatus Bromar 17.0 % 1.74 Prairie Sandreed Calamovilfa longifolia Goshen 1.0% 0.48 Switchgrass Panicum virgatum Pathfinder 7.0% 0.67 Alkali Sacaton Sporobolus airoides 1.0% 0.10 Needle and Thread Stipa comata 13.0% 1.29 Northern Sweetvetch Hedysarum boreale Timp. 10.0% 1.02 Rocky Mountain Penstemon Penstemon strictus Bandera 5.0% 0.46 Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.0% 0.26 Prairie Wildrose Rosa Arkansana 8.5% 0.87 Total lbs/ac 100% 10.43 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Greeley 35,h Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E3 of E4 Seed Mix for Transitional Zone/Water's Edge RI ., �e y a. £'Mt ryi _t 6.,v:.j: �.. .. ezis. o s"'e. a ii ....v;m .� * y ( Western Wheatgrass Agropyron smithii Arriba 10.6% 1.45 Side Oats Grama Bouteloua curtipendia Butte 9.2% 1.24 Canada wildrye Elymus canadensis Mandan 18.1% 2.47 Basin wildrye Elymus cinereus Magnar 9.8% 1.34 Switchgrass Panicum virgatum Pathfinder 5.7% 0.78 Sand dropseed Sporobolus cryptandrus 0.2% 0.03 Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.8% 0.52 American vetch Vica americana 42.6% 5.81 Total lbs/ac 100% 13.64 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Changes from Approved Reclamation Plan In addition to the fact that the Lafarge Brown property is being added to the Greeley 35th Avenue Mine, there are some other changes that are shown on the proposed Reclamation Plan to reflect the current and planned reclaimed use of the property. The approved Reclamation Plan for Greeley 35th Avenue shows twelve reclaimed ponds totaling 164.4 acres versus the proposed plan (Exhibit F) which proposed five reclaimed ponds totaling 139 acres. In addition, the approved plan shows the southeast corner of the property as open land whereas the current plan proposes an "Industrial Use Area" to maintain the plant site operations following reclamation of the mined portion of the property. The only difference will be that this plant site will process materials from mines other than Greeley 35th Avenue. Lafarge has a USR permit through Weld County which allows this property to be used as a plant site and the permit does not restrict how long it can be used for this purpose. There is a small drainage pond in this Industrial Use Area that is vegetated; otherwise, the area delineated on Exhibit F as an Industrial Use Area will not require any reseeding or other reclamation because it will continue operating as it does now. The manmade features and structures related to the plant site operation that are currently found in this Industrial Use Area and will remain on site following reclamation are shown on the Reclamation Plan (Exhibit F) and include the following: Office/Scale House with scale Portable Crushing Plant Office Trailer Drainage pond Concrete Plant Asphaltic Cement Tank Plant site access road Asphalt Plant Wash -out area stalls Asphalt QC lab Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E4 of E4 (m) TETRA TECH October 16, 2009 Weld County Clerk to the Board of County Commissioners 915 10th Street Greeley, CO 80631 Via Hand Delivery RE: First Response to Adequacy Review #1 Comments Greeley 35th Avenue Mine, DRMS File/Permit No. M-1977-036, Amendment 01 Dear Clerk: Attached please find a copy of a copy of the first response to Adequacy Review #1 Comments for the MLRB 112 Permit Amendment Application for the Greeley 35th Avenue Mine in Weld County, Colorado. As required by Section 1.6.2 (1)(c) of the Colorado MLRB Rules, a copy of these materials must be made available to the public through the County in which the project is located. Therefore, please file these document with the copy of the Greeley 35th Avenue Mine Application that we provided to you on July 6, 2009. As proof that you have received this document, please sign and time and date stamp below. Thank you for your assistance. Sincerely, TETRA TECH Pamela Franch Hora, AICP Senior Planner Attachment This is to certify that the above referenced document for the Greeley 35th Avenue Mine DRMS application was received by the Weld County Clerk to the Board of County Commissioners to be kept on file for public viewing. Certification: The above mentioned document was received by: Weld County Clerk to the Board of Cii y Commissioners Time and Date Stamp Here: 1900 5. Sunset 5treei, Suite I -F Longmont, CO 80501 P923511A133123511-08005VDeliverables ADRMS \Record of Filings with CountyV cover letter 101609.doc Tel 303 772 5282 Fax 303//2/039 www,tetatech.com ca: Po0 2009 -a9 1O--oho-O? TTETRA TECH October 16, 2009 Mr. Jared Ebert Environmental Protection Specialist Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 RE: First Response to Adequacy Review #1 Comments for Lafarge West, Inc's Greeley 35`h Avenue Mine, DRMS File # M-1977-036, Amendment 01 Dear Jared: This letter is in response to your Adequacy Review #1 Comments for Lafarge West, Inc's Greeley 35th Avenue Mine, DRMS File # M-1977-036, Amendment 01. Some of your comments will take us additional time to respond to. However, Lafarge would like to have this application approved no later than the end of this year, consistent with our new Decision Date of December 31, 2009. Therefore, we are submitting responses to the comments that we are able to address now and will be following up with you again when the rest of the comments have been addressed. Below is a listing of each of your comments followed by our responses. To help you track responses to all of the comments, we have even listed those comments that we will respond to later and have just indicated that as our response. 6.4.3 EXHIBIT C — Pre -mining and Mining Plan Map(s) of Affected Lands 1. Contour lines are provided for the expansion area: however, the way they are labeled is confusing. There are multiple numbers along the contours expressing the elevation. It is unclear which elevation designation goes to which contour. Please clearly label the contours in such a way that the direction and rate of slope can be determined. We have modified the labels on the contours to make the information more clear. 2. Also, in order to evaluate the present level of disturbance for the current affected land, please submit a topographic map with contours of sufficient detail to determine the direction and rate of slope for all the current affected land within the permit area. This is necessary in order to evaluate the financial warranty. The division will needed to know the angle of the current pit slopes to determine how much earthwork is needed to reclaim the land at the present time. This information is currently unavailable. We are acquiring it and will follow-up to provide this information to you as soon as possible. i 900 S. Sunset Sweet, Suite !-I Longmont, CO 80501 Tel 303 77? 5282 Fax 303772.7039 wwv. 0n atcch.com [m] TETRA TECH 6.4.4 EXHIBIT D — Mining Plan Page 2 of 8 Mr. Jared Ebert October 16, 2009 3. Please display the location of the sediment ponds on the Mining Plan Map. There are two ponds that are shown on the map. One is East Pit Mining Cell which is also labeled as an "Existing Silt Pond Area" and there is a "Future Silt Pond Area" shown within the South Central Pit. 4. According to page D3 of the mining plan, you state that Lafarge will maintain a 100 foot setback from the Cache la Poudre River. The mining plan map indicates that the present mining boundaries and the proposed mining boundaries are not 100 foot setback. They are indicated to be much closer than 100 feet for the majority of the site. Please update the mining plan map and re -draw the mining boundaries to be located at the 100 foot setback. To clarify, on page D3 we state: "For mining on the Lafarge Brown Property, Lafarge will maintain a 100' mining setback from the Cache la Poudre River. The Lafarge Brown Property is the parcel that is being added to the existing 35`h Avenue Mine site with this application. With this amended application, Lafarge will maintain this 100' setback from mining on the Lafarge Brown property as shown on Exhibit C. We noticed that our dimension arrows that were shown on page 3 of Exhibit C next to the "100' MIN SETBACK FROM TOP OF RIVER BANK" note did not scale at exactly 100' and so we adjusted the plan to accurately represent what is stated in the note. We also added clarifying language to the note to make it clear that we were only referring to the setback for the area being added to the existing permitted area. 5. Please state the exact amount of topsoil and overburden that will be stripped. Please keep in mind all topsoil removed will need to be used for reclamation. While we can't provide exact amounts, based on the drilling log information that we have, we have provided an estimate of this information on page DI of Exhibit D. Attached is an updated version of Exhibit D. 6.4.5 EXHIBIT E — Reclamation Plan 6. On page El you state topsoil will be segregated and stored separately from the overburden material. However, on page D2 you stated there will be no permanent stockpiles of overburden and topsoil on the property. Please explain these statements; it is unclear if topsoil and overburden will be stockpiled on the property during mining. If you will temporarily store topsoil and overburden please show where these piles will be located on the mining plan map. Topsoil and overburden will be stripped from the property and stored in separate piles as indicated on page El as is required by the DRMS. The key word in the statement that was made on page D2 is "permanent" as there will be no permanent piles. All piles will be temporary in that the material will be temporarily stored down in the mining cells until it can be used for reclamation or immediately placed in the reclamation slope. Due to the location of the floodplain and floodway on this property, all topsoil and overburden will be stored in piles down in the mining cells. We have added a note (note 3) to page 3 of Exhibit C to clarify this. In addition, to ilit TETRA TECH Page 3 of 8 Mr. Jared Ebert October 16, 2009 prevent confusion, we deleted the statement on page D2 of Exhibit D about no permanent stockpiles. 7. Any topsoil and or overburden pile that will be left in place for over 180 days will need to be stabilized from wind and water erosion with vegetative cover. Please commit to planting a cover crop on any topsoil and or overburden pipe that will be left in place for 180 days or longer. Please provide a seed mixture with the species name and the amount of live seed per acre that will be used for the cover crop. We added language to note 3 on page 3 of Exhibit C to commit to this. We also added the seed mixture to be used to Exhibit C. 8. On the "Reclamation Details" drawing of the pit slope cross-section, it states in the Notes, "Revegetation shall use seed mixes listed in the table, or similar alternate mix based on commercial availability at the time of reclamation". Please remove the italicized statement. Any changes in the approved seed mixtures used for reclamation will need to be approved by the Division prior to the planting a different mixture. Please commit to filing a Technical Revision to the reclamation plan to change the seed mixture that will be used to revegetate the affected land and prior to planting a different seed mixture. Rather than delete the italicized statement, we left it in and then added a statement to this note that says: "In addition, a Technical Revision to the Reclamation Plan will be filed with and approved by the DRMS prior to planting a different seed mixture." We felt it was important to leave in the italicized statement because it provided an explanation of why the seed mixture might need to change. 9. In regards to the revegetation plan, if the seed mix will be broadcast seeded instead of drill seeded please commit to doubling the pounds of live seed per acre applied. We added a sentence to note 4 on page 3 of Exhibit F which states: "If the seed mix is broadcast seeded instead of drill seeded, the pounds of live seed per acre applied will be doubled." 10. The configuration of the former affected land after reclamation appears different than the current approved reclamation plan. One significant difference is the south east portion of the mine site where the current processing area is located. The applicant has proposed that the post mining land use of the 53 acres will remain as in industrial area. Please provide a description of how this site will be left after the permit is released, what will be the make-up of this industrial area? For example, what structures will remain (plants, roads... etc), how will the entire 53 acres be protected from wind and water erosion? Overall there is no mention on the text regarding this changed in the reclamation plan. Please state that a portion of the site will remain industrial for a post mine land use. Also, there is no mention in the amendment about the changes of the various ponds and other features of the current reclamation plan. Please provide a summary/ outline of how the reclamation of the entire affected land will change from what is currently approved. We agree that what is shown on the reclamation plan is different than the current approved reclamation plan. What we are showing on the mining and reclamation plan is what is currently occurring at the 35`h Avenue site and what has been shown on the annual reports submitted to the DRMS. The industrial area, which we have mrt TETRA TECH Page 4 of 8 Mr. Jared Ebert October 16, 2009 now slightly enlarged to include all structures associated with the plant site, will remain an industrial area as the post mine land use. This industrial area will continue to operate as it currently operates following the mining of 35th Avenue; it will just process materials from other Lafarge mine sites in the area. We have added a paragraph to Exhibit E to reflect the changes to the Reclamation Plan from what was originally approved. 11. Is the 53 acres of industrial land zoned for this land use? In accordance with Rule 6.4.5. in instances where the post mining land use is for industrial, residential or commercial purposes and such use is not reasonably assured, a plan for revegetation must be submitted. Please submit a plan to revegetate this site. It is likely that this area will need to be ripped, topsoiled and seeded to be revegetated so your plan should reflect such. There is an approved USR permit with Weld County which allows for the plant site uses that are currently operational at the 35th Avenue Mine Site. Attached is a copy of the Resolution of Approval from the County. The property will not be revegetated following mining and reclamation of the 35th Avenue property because it will continue to be used by Lafarge as a plant site. The USR permit does not limit how long the property can be used for this purpose. 12. Please provide a list of all the permanent man-made structures (buildings, roads... etc.) that will remain on the site after the site is reclaimed. Please ensure these structures are displayed on the Reclamation plan map. All permanent structures on site can be found in the area identified as "industrial" and all of them will remain on the site. When we follow-up later to provide you with the topographic information for the entire site, we will also verify that all structures to remain in this industrial area are shown on the Reclamation Plan map. 6.4.6 EXHIBIT F — Reclamation Plan Map 13. In accordance with Rule 6.4.6 the map must show the proposed topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of all reclaimed lands. Please include this information on the reclamation plan map. This information is currently unavailable. We are acquiring it and will follow-up to provide this information to you as soon as possible. 6.4.7 EXHIBIT G — Water Information 14. The division could not locate a map that showed the location of the 14 ground water monitoring wells. Please submit a map with the location of these monitoring wells clearly displayed. There are actually just six wells on this site; the other eight wells are on other properties adjacent to this site that Lafarge is considering permitting in the future. The six well locations have been added to the Exhibit C map. e it TETRA TECH Page 5 of 8 Mr. Jared Ebert October 16, 2009 15. On page 3 of the Groundwater Modeling and Mitigation Plan (Attachment G-1), it states that existing ground level measurements were provided from the 14 monitoring wells. This information was not submitted, please submit this information. We have added this information. It is summarized on Table 1 of Attachment G-1. 16. On page 3 of the Groundwater Modeling and Mitigation Plan (Attachment G-1), it states that monitoring will be conducted on a monthly to bi-monthly basis until a quasi steady state is reached and then on a quarterly basis thereafter. Please commit to taking monthly measurements and submitting them in the Annual Reclamation Report submitted by the operator. Once Lafarge believes a steady condition is reached, they will need to submit a Technical Revision to the Division and receive Division approval prior to changing the monitoring schedule from monthly, to bi- monthly and then to quarterly. We have modified Attachment G-1 as requested and made note of the Technical Revision requirement. 17. Please explain what will occur if the two foot drawdown trigger point is observed. The mitigation plan submitted accounts for what will occur if Lafarge receives a complaint but does not address what will occur if the two foot trigger point is reached. The language in Attachment G-1 has been modified to better explain what will happen; please see updated Attachment G-1. 18. If Lafarge receives a complaint from a water user, they will need to notify the Division immediately, not within two weeks. This notice should include a copy of the complaint (if written), a narrative describing how the situation is being evaluated and what temporary mitigation measure they have implemented. Lafarge agrees to notify the Division within 24 hours; we have modified the language in the revised Attachment G-1. 19. On page 4 of the Groundwater Modeling and Mitigation Plan (Attachment G-1), it states "Lafarge has no responsibility to provide mitigation for wells that are constructed after the permit is approved." This is not correct, in accordance with rule 3.1.6 (1) the operator is required to minimize disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after mining operations and during reclamation. Given this, if the mining and reclamation operation impacts the ability of surrounding land owners to legally use groundwater, Lafarge will be responsible for mitigating these disturbances. Please remove this statement for the Groundwater Modeling and Mitigation Plan (Attachment G-1) and submit a new copy. This statement has been removed from the attached, updated version of Attachment G-1. it TETRA TECH 6.4.12 EXHIBIT L — Reclamation Costs Page 6 of 8 Mr. Jared Ebert October 16, 2009 20. It appears that the majority of the South Central Pit and East Pit will be backfilled so that only 16 and 11 acres of open water will remain. How many acres (if any) are already backfilled in the South Central Pit and East Pit? How deep will material be backfilled into the South Central and East Pit? We do not have an answer to this question yet; therefore, we will respond to this comment as soon as possible. 21. How much material is on site currently to backfill the South Central and East Pit excavations? We do not have an answer to this question yet; therefore, we will respond to this comment as soon as possible. 22. It states in the Exhibit L narrative that 114 acres of the affected land will remain as open water. However based on the reclamation plan map, 5 open water ponds will contain 140 acres. Please explain this discrepancy? The reason for the discrepancy is that the 26 acre North Central Pit has already been reclaimed as a pond and so it was left out of the calculation. However, because you have requested topographic information for this pond to confirm that it was reclaimed with the required slopes and have agreed to delay requiring this information until prior to release of the site, we will add this area into the updated version of Exhibit L. An updated version of Exhibit L will be forwarded to you later. 23. Please provide evidence that pit slopes around the North Central Pit are reclaimed to the required slopes. That is 4:1 to the water line and 3:1 below that. As indicated on the attached email from you to David Jordan, this information will be provided prior to release of the site. 24. What are the current conditions of the pit slopes around the west pit, south central pit and the east pit in terms of horizontal to vertical slope ratio? This information is currently unavailable. We are acquiring it and will follow-up to provide this information to you as soon as possible. 25. Based on the reclamation plan map, the majority of the South Central Pit and the East Pit will be backfilled with material and then revegetated with upland grasses. These upland areas will need to be topsoiled. Please show the location of the current topsoil stockpiles that will be used to topsoil these areas on the mining plan map. Some of the topsoil will come from the existing berm along 35`h Avenue and the rest will likely need to be brought in from off -site. However, we will more carefully look at this and respond with more certainty as soon as possible. 26. Since 140 Acres of open groundwater will remain after the site is reclaimed, LaFarge must obtain a court approved augmentation plan from the Office of the State Engineer. The Division is required to set the financial warranty at a level which reflects the actual current cost of fulfilling the conditions of the Reclamation Plan per Rule 4.2.1(1). Therefore, without an augmentation plan in place the financial warranty must be set at an amount which accounts for the exposed groundwater. The Division has identified several options for determining the amount of the financial rate TETRA TECH ♦ Page 7 of 8 Mr. Jared Ebert October 16, 2009 warranty. The applicant must choose one of the following options to be included in the financial warranty calculation: a. Backfill all of the pits to two feet above the groundwater level. b. Install a slurry wall or clay liner. c. Provide the Division with documentation from SEO, which demonstrates that the Application owns a sufficient amount of shares of water to cover the evaporative losses from the exposed groundwater and the said shares have been committed to the SEO should the financial warranty forfeited and the permit revoked. If the applicant obtains an augmentation plan prior to final release, then the financial warranty will be adjusted accordingly. Lafarge is making a decision about this and we will respond as soon as possible. 27. Will the scale house/office remain on site as indicated on the reclamation plan map in the upland area north of the industrial site? If not, please report the dimensions of the scale and what material the scale is made of If the office is on a concrete slab, what are its dimensions? We adjusted the boundary of the industrial area shown on Exhibit F to include the office/scale house because it is planned to remain on site and be a part of the plant site operation. 6.4.19 EXHIBITS S — Permanent Man -Made Structures 28. Please Submit evidence that an attempt was made to reach an agreement with Weld County for the Poudre Trail and the Fence. In the mean time, the Division will conduct a review of the stability analysis submitted with the application. Weld County's attorney, Bruce Barker, has indicated that he is having one of the County Commissioners sign the agreement for the Poudre Trail and the fence and he will be forwarding it to us soon. We will provide the DRMS with a copy when it is returned to us. Other Issues: 29. Enclosed are three letters from the Division of Water Resources, Office of Archaeology and Historic Preservation, and the Army Corps of Engineers. Please respond to their concerns. Also, the objection letter from Mr. William Rodman is enclosed, which you have already responded to. We are working on a response to the Division of Water Resources comments and will respond in writing to them and provide the DRMS with a copy of the response when it is completed. Attached are response letters to the Office of Archaeology and Historic Preservation and the Army Corps of Engineers. As you indicated, we responded to Mr. Rodman's objection letter and he rescinded his objection. lbTETRA TECH • Page 8 of 8 Mr. Jared Ebert October 16, 2009 Please call me if you have any questions or additional comments regarding these responses. As previously indicated, we will follow-up as soon as possible with responses to the comments which we indicated we are still working on. Sincerely, TETRA TECH 9104 fb fa 41, 9ilerzo_ Pamela Franch Hora, AICP Senior Planner Attachments cc: Anne Johnson P:\235I I\133-23511-03005 \ Deliverables\DRMS\Adequacy Review1Response 10 16 09\Response Ito 9 lb 09 comments. doc EXHIBIT D Mining Plan General This is an application to amend existing DRMS Permit M-1977-036 for the Greeley 35th Avenue Mine. The existing Greeley 35th Avenue Mine property includes 369 permitted acres and is located in Section 35 and in the northeast quarter of Section 34, Township 6 North, Range 66 West of the 6th PM. The amendment is requested to add an additional 12.38 acres all of which are located in the northeast quarter of Section 34, Township 6 North, Range 66 West of the 6th PM which shall hereafter be referred to as the "Lafarge Brown Property". Therefore, upon approval of the amendment, the Amended Greeley 35th Avenue Mine will include a total of 381.38 acres. The Amended Greeley 35th Avenue Mine is adjacent to and partially within the City of Greeley and is located directly west of North 35th Avenue, along and south of the Cache La Poudre River and north of the Great Western Railroad tracks. Like the currently permitted area, the 12.38 acre area to be added into the permitted acreage contains a significant commercial sand and gravel deposit. Mining activities at the Amended Greeley 35th Avenue Mine will disturb approximately 345.5 acres. The areas not being disturbed are along the Cache La Poudre River outside of a fence around the perimeter of the site. Within the 345.5 acres, the areas not being mined may be used for offsets from existing structures, property lines and waterways; and internal road and conveyor access. Surrounding land uses include agriculture, another gravel mining operation, and some reclaimed gravel mining ponds to the east of the Amended Greeley 35th Avenue Mine. There are a few homes located north of a portion of the existing permitted area along WCR 64 (O Street). The Lafarge Brown Property was drilled during sampling episodes in June and July of 2006, and testing has been performed to verify the sand and gravel deposits are commercially marketable. Based on test results, it is approximated that the overburden on the Lafarge Brown property will amount to approximately 53,000 cubic yards. The amount of topsoil will be approximately 10,000 cubic yards. Topsoil and overburden exist to an average depth of approximately 2.5 to 3 feet over the Lafarge Brown Property. All overburden needed for the construction of the final reclamation slopes will remain on -site. The average depth of sand and gravel on the Lafarge Brown Property is approximately 35 feet across the site and mining at the site is intended to progress down to bedrock; however, the mining cell depth may vary based on geologic and/or other site conditions. The groundwater level for the Lafarge Brown Property lies approximately 9 to 13 feet below natural ground level, on average. The deposit is therefore classified as a wet alluvial deposit. As is currently being done, mining operations will be carried out following dewatering. The entire site (Greeley 35th Avenue Mine plus the Lafarge Brown property) is owned by Lafarge West, Inc. The Lafarge Brown Property will be mined as part of the West Pit which is currently being mined consistent with Permit M-1977-036. While the rate of mining is dependant on market Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page Dl of D3 conditions, it is anticipated that it will take approximately five years to mine the Lafarge Brown Property as part of the Greeley 35th Avenue Mine's West Pit. Methods of Mining The typical mining procedure will continue to be as follows. Initially, the topsoil and overburden will be stripped with scrapers and utilized to construct reclamation slopes in adjacent mined out areas. Following stripping of the overburden, the deposit will be dry mined through the use of drainage trenches and pumps. Prior to mining, a dewatering trench will be constructed around the perimeter of the mining cell. A sump hole will be created at the lowest point of the dewatering trench. Water will be pumped to the existing NPDES discharge point via a series of ditches and ponds. The ponds will allow sediment to settle before the water is discharged to the Cache la Poudre River in accordance with Colorado/NPDES discharge permit regulations. When the alluvium is sufficiently dry, front-end loaders will excavate the material and deposit it on conveyors. The mining face will be nearly vertical to 0.5:1 slope. The conveyors will transport the material to be processed at the existing plant site which is located on the east side of the Greeley 35th Avenue Mine. A portable aggregate processing plant is used on site for crushing, screening, and washing the raw materials. The processed materials are then used at the concrete and asphalt plants, which are located in the southeast corner of the Greeley 35th Avenue Mine site, or they will be sold/delivered offsite for commercial and government projects. All surface water within the mine areas will drain internally. There will not be any uncontrolled release of surface water and sediment from the mining area. Storm water collected in the open mine will be managed in accordance with Colorado/NPDES discharge permit requirements. Sediment generated from localized storm water runoff and surface drainage will be managed according to the Stormwater Management Plan, enclosed in Exhibit G (Attachment G-2). Water rights at the site will be used for dust control operations. The Operational Losses paragraph contained in Exhibit G estimates provides information about the estimated annual consumptive use for dust control. The water for dust control will be supplied using a 2,500 gallon water truck. No explosives are planned to be used. Overburden Topsoil and overburden from the Lafarge Brown property will be stripped with scrapers or a dozer and stored in separate piles on the mine floor or placed immediately in the reclamation slope. Any extra overburden will be used to create undulating shorelines. Greeley 3? Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page D2 of D3 Commodities to be Mined The primary commodity to be mined will be aggregate and a secondary commodity will be gold. Lafarge will supply local, county, and state governments, as well as private industry with aggregate from this facility. If gold is to be mined it will be used for commercial purposes. Offsets For mining on the Lafarge Brown Property, Lafarge will maintain a 100' mining setback from the Cache la Poudre River. There are three existing structures within 200' of the mining cell on the Lafarge Brown property. According to the Geotechnical Slope Analysis included in the Stability Exhibit, each of these structures are set back a safe distance from the highwall of the mine. See Exhibit S and the Stability Exhibit for specifics. Lafarge will not relocate any ditch or waterway during the mining of the Brown property. Roads and Conveyors Only conveyors will be used to transport the aggregate on the Lafarge Brown property to the Greeley 35th Avenue Mine plant site. No haul roads will be constructed in connection with the mining of the Lafarge Brown property. Mine Schedule It is estimated that the Lafarge Brown property has approximately 590,000 tons of aggregate to be mined. While the rate of mining is dependant on market conditions, it is anticipated that it will take approximately five years to mine the Lafarge Brown Property as part of the Greeley 35`h Avenue Mine's West Pit. Equipment No new equipment will need to be brought onto the site as a result of mining the Lafarge Brown property as part of the Greeley 35th Avenue Mine. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page D3 of D3 EXHIBIT E Reclamation Plan Design intent The Lafarge Brown property will be mined as part of the West Pit of the Greeley 35th Avenue Pit site. The West Pit will be reclaimed as an open water pond. Excess overburden or portions of the deposit not mined will be used to vary the shape and slopes of the finished unlined pond. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. This reclamation plan was developed based on: • A thorough evaluation of the environmental resources and existing conditions on and adjacent to the property; • The context of the property relative to existing and planned land uses in the area; • The volume, depth and configuration of the mineral resource; • The landowners' plans for the property; and • The rules and policies of the City of Greeley, the Colorado Division of Minerals and Geology and other applicable local, State and Federal agencies. Key considerations include the following: • The Cache la Poudre riparian corridor borders the northwest side of the Lafarge Brown property. The corridor has been left out of the permit boundary adjacent to the Lafarge Brown Property. • The open water pond which will be created upon reclamation of the Lafarge Brown property may provide some wildlife habitat due to its proximity to the river corridor. Post -Mining Land Use Following the mining of the Lafarge Brown property, the land will be reclaimed to be part of the open water pond planned for the West Pit. All disturbed areas around the perimeter of the mined area will be revegetated as needed with a native seed mix, as recommended by the Soil Conservation Service (recommended seed mixes below). This use is compatible with the surrounding land uses and with the City of Greeley planning goals. Lafarge will concurrently reclaim mine walls where mining has been completed according to the Mine Plan. Reclamation, including re -grading and seeding, will be completed within two to five years following the completion of mining or filling operations. The mining and reclamation will leave no high walls on the property. No acid forming or toxic materials will be used or encountered in the mining. There will be no auger holes, adits, or shafts left on the site. Topsoiling Topsoils in the proposed mine areas are Aquolls, Aquents, and Fort Collins loam. All suitable soil material will be salvaged for topsoil replacement. Topsoil will be replaced, where required, in reclaimed areas at a depth of approximately six to twelve inches. The topsoil will be segregated and stored separately from the overburden material as required by Rule 3.1.9(1). Greeley 35rh Avenue Pit (M-1977-036) DRIVE 112 Reclamation Permit Amendment Application Page El of E4 Soil amendments are not expected to be required due to the nature of the soils. However, topsoil samples will be subjected to agricultural testing prior to reclamation to assess fertilizer requirements. The Soil Conservation Services (SCS) will be contacted periodically throughout reclamation for soil tests. SCS soil fertilizer recommendations, if any, will be followed. Reclamation Measures —Material Handling Site reclamation measures are illustrated in Exhibit F. The Lafarge Brown property will be reclaimed to be part of the open water pond planned for the West Pit. The pond will be an un- sealed groundwater pond. All mine walls will be re -graded with overburden material. If needed, portions of the deposit not mined may be used to supplement the overburden. Slopes above the post -mine high water level will be 4H:1V and slopes below the post -mine high water level will not exceed 3H:1 V. Topsoil will be spread over the surface of the re -graded slopes in all areas above the post -mining pond level; all topsoil -covered surfaces will be revegetated with the appropriate seed mix. Topsoil replaced in reclaimed areas will be at a depth of approximately six to twelve inches. Scrapers and a dozer will be used to place the backfilled overburden and topsoil. Using the scrapers and dozer to layer the lifts at a maximum 3:1 slope ensures a stable configuration. Site grading will be performed to create stable topography and will be consistent with post -closure land uses. Reclamation costs and quantities are summarized in Exhibit L. Water Overburden and mine materials will be inert and impacts to local surface water or groundwater quality are not anticipated to occur as a result of mining activities. Lafarge West, Inc. will comply with all applicable Colorado water laws and all applicable Federal and State water quality laws and regulations and appropriate storm water management and erosion control to protect the river and existing riparian vegetation. Wildlife The Lafarge Brown property is adjacent to the Cache la Poudre River corridor which provides wildlife habitat to a variety of species (see Exhibit H for details). While a portion of the Lafarge Brown property is within this corridor; none of this portion of the property is being included within the permit boundary for this application. The Poudre Trail Corridor and a fence separate the area within the permit boundary from the river corridor. Therefore, the proposed mining on the Lafarge Brown property will not significantly impact wildlife within the riparian corridor. Revegetation Following topsoil replacement, reseeding will be performed according to SCS recommended practices. Based on SCS guidance for other local projects having similar surficial soils, the following revegetation procedures are anticipated: • Grass seed will typically be planted in unfrozen soil between October 1 and April 30. • Grass seed will be planted with a grass drill, or where necessary, with a broadcast seeder. Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E2 of E4 • The proposed seed mix and application rates in pounds of pure live seed per acre are described on the following pages. • Weed control practices will be implemented as required. The above procedures may be modified as conditions dictate. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will be used only if no other alternative produces acceptable results. Marsh and aquatic plants are expected to establish themselves along the shoreline of the post - mining pond. The species of plants anticipated to establish themselves naturally along the pond shoreline include cattails, willows, cottonwoods, and bulrushes. The existing riparian areas along the Cache la Poudre River would function as a seed bank for the pond area. These plants should minimize shore erosion potential. The following are the proposed seed mixtures to be used on site where appropriate. However, availability may dictate the need for variety substitution. Seed Mix for Upland Areas Western Wheatgrass Agropyron smithii Arriba 17.0% 1.74 Sideoats Grama Mountain Brome Prairie Sandreed Switchgrass Alkali Sacaton Needle and Thread Northern Sweetvetch Rocky Mountain Penstemon Scarlet Globemallow Prairie Wildrose Total lbs/ac Bouteloua curtipendia Bromus marginatus Calamovilfa longifolia Panicum virgatum Sporobolus airoides Sti • a comata Hedysarum boreale Penstemon strictus Sphaeralcea coccinea Rosa Arkansana Butte Bromar Goshen Pathfinder Bandera ARS2936 17.5% 17.0 % 1.0% 7.0% 1.0% 13.0% 10.0% 5.0% 3.0% 8.5% 100% 1.80 1.74 0.48 0.67 0.10 1.29 1.02 0.46 0.26 0.87 10.43 1 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Greeley 35th Avenue Pit (M-1977-036) DBMS 112 Reclamation Permit Amendment Application Page E3 of E4 Seed Mix for Transitional Zone/Water's Edge Western Wheatgrass Agro I yron smithii Arriba 10.6% 1.45 Side Oats Grama Canada wildrye Basin wildrye Switchgrass Sand dro.seed Scarlet Globemallow American vetch Total lbs/ac Bouteloua curti.endia Elymus canadensis Elymus cinereus Panicum vir atom S.orobolus cry.tandrus Sphaeralcea coccinea Vica americana Butte Mandan Pathfinder ARS2936 9.2% 18.1% 9.8% 5.7% 0.2% 3.8% 42.6% 100% 1.24 2.47 1.34 0.78 0.03 0.52 5.81 13.64 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Changes from Approved Reclamation Plan In addition to the fact that the Lafarge Brown property is being added to the Greeley 35th Avenue Mine, there are some other changes that are shown on the proposed Reclamation Plan to reflect the current and planned reclaimed use of the property. The approved Reclamation Plan for Greeley 35th Avenue shows twelve reclaimed ponds totaling 164.4 acres versus the proposed plan (Exhibit F) which proposed five reclaimed ponds totaling 140 acres. In addition, the approved plan shows the southeast corner of the property as open land whereas the current plan proposes to maintain the plant site operations following reclamation of the mined portion of the property. (For purposes of the DRMS, it is important to point out that the southeast corner of the property was never mined and is not proposed for any mining as part of this application.) Therefore, the area delineated on Exhibit F as an Industrial Use Area will not require any reseeding or other reclamation because it will just continue operating as it does now. All structures in this area that are shown on the Mining Plan (Exhibit C) are also shown on the Reclamation Plan (Exhibit F). The only difference will be that this plant site will process materials from mines other than Greeley 35th Avenue. Lafarge has a USR permit through Weld County which allows this property to be used as a plant site and the permit does not restrict how long it can be used for this purpose. Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E4 of E4 d„mot A riei lcfed L(:K RESOLUTION RE: APPROVE AMENDMENT OF SPECIAL REVIEW PERMIT FOR OPEN -PIT MINING AND MATERIALS PROCESSING TO ADD AN ASPHALT BATCH PLANT AND TO UPDATE THE EXTRACTION SCHEDULE - GREELEY SAND AND GRAVEL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of November, 1987, at the hour of 2:00 p.m. in the Chambers of the Board for the purpose of hearing the application of Greeley Sand and Gravel, P.O. Box 1647, 625 3rd Street, Greeley, Colorado 80632, to amend a Special Review permit for open -pit mining and materials processing to add an asphalt batch plant and to update the extraction schedule on the following described real estate, to -wit: Part of Sections 34 and 35, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Richard Roper, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: I. The submitted materials are in compliance with the application requirements of Sections 24.7. 44.1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Mineral Resources Goals, which are to: 871400 Page 2 RE: AMEND USR - GREELEY SAND AND GRAVEL 1) Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with Colorado State Law. 2) Promote the reasonable and orderly development of mineral resources. 3) Minimize the impacts of surface mining activities on surrounding land -uses, roads, and highways. 4) Minimize hazardous conditions related to mining activities and the mining site. 5) Provide for timely reclamation and re -use of mining sites in accordance with the Comprehensive Plan. Development Standards will assure these goals are met. This site is shown on the Weld County Sand and Gravel Resources map in the Comprehensive Plan as including relatively clean and sound gravel. The Weld County Comprehensive Plan encourages the extraction of mineral resources as long as the mining plan preserves or minimizes the removal of prime farm land. The Weld County Assessor's Office assesses this property as a producing gravel pit. However, part of this site is currently being farmed in corn and beans. This site is also located in the urban growth boundary area of the City of Greeley. This proposal is compatible with Urban Growth Boundary Policy 1, which is to encourage land -use development proposals as long as they conform to the desires of the municipality. The City of Greeley has recommended approval of this request with certain conditions. Development Standards address these concerns. b. The proposal is consistent with the intent of the Agricultural Zone District in which the use is located and is provided for as a Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses, which include farming, gravel extraction and batch plants, and residential uses. Development Standards address concerns regarding unfavorable impacts on the surrounding area. 871400 Page 3 RE: AMEND USR - GREELEY SAND AND GRAVEL d. The proposed use will continue to be compatible with the existing surrounding land uses as projected by the City of Greeley Comprehensive Plan. e. The subject site is in a Flood Hazard Overlay District area. Development Standards address this concern. This property is located in the A -P (Airport) Overlay District. The uses proposed will not endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. f. Special Review permit Development Standards provide adequate protection of the health, safety, and welfare of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application to amend a Special Review permit for open -pit mining and materials processing to add an asphalt batch plant and to update the extraction schedule on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The following note shall be placed on the Special Review plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Development Standards. 4. Prior to recording the plat, a plan for the abatement and control of fugitive dust on the site shall be 871400 sage 4 RE: AMEND USR - GREELEY SAND AND GRAVEL reviewed and approved by the Weld County Health Department. 5. The Special Review plat shall be amended to show that the rental house on the southeast corner of the site shall be included as a proposed future location of a business office building. -6. A berm shall be placed along 35th Avenue and adjacent to the final location of the sand and gravel plant, concrete batch plant, and maintenance garage. 7. The entrance gate off of 35th Avenue shall be set back on the property far enough to accommodate two tractor and trailer units. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 1987. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUN �• _ O::,iO Weld County clerk and Recorder and Clerk to the Board Gor 077*-, 2LLJL., 4J 'puty County Cl rk APPROVED AS TO FORM: County Attorney C.W,�_ Kirby, Pro- -m 9f Yr7„� ene R. Brantner Ja In'uteM Joh Frank Yamaguchi R71400 DEVELOPMENT STANDARDS Greeley Band and Gravel Amended USR-247:87:10 1. The Special Review permit is for open -pit mining and materials processing and concrete and asphalt batch plants as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The open -cut gravel operation shall comply with Section 44.4, Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.5, Cancellation of Permit. 3. A sewage disposal vault approved by the Weld County Health Department or an approved septic system shall be used as the sewage disposal system for the operation. Portable toilets may be utilized on sites which are temporary locations of the batch plant for up to six months at each location. 4. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. NO fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain of the Cache la Poudre River which would obstruct passage of flood flows. 13. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 3. Within 180 days following approval by the Board of County Commissioners, an additional Air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. The applicant shall comply with all requirements of the permit to control fugitive dust and odors. Fugitive dust shall be controlled on this site. 6. No permanent disposal of wastes shall be permitted on the Special Review Site. 871400 Page 2 DEVELOPMENT STANDARDS - GREELEY SAND AND GRAVEL 7. Prior to the discharge of any effluent to State Waters, the applicant shall apply for and obtain an NPDES from the Colorado Department of Health, Water Quality Control Division. Any existing permit shall be amended as required. 8. The maximum permissible noise level shall not exceed limits as set forth by the applicable State Statutes. 9. To provide a buffer, the area south of the asphalt plant in Phase 11 shall not be extracted or used for any mining activity, it. The operator shall maintain the approved dust abatement program. 11. "No Trespassing" signs shall be posted on the perimeter fence and maintained to clearly identify the boundaries o£ the Special Review site. 12. All water used in the mining operation shall be permitted or decreed for commercial or industrial uses. 13. No excavation -shall be permitted within 50 feet of the Cache la Poudre River and within 10 feet of all other boundary lines. Access to the operation will be as shown on the Special Review plat. 14. The operation shall be a wet -pit operation. Crushing Equipment will be required on the site. 15. Hours of operation shall be from 6:D0 a.m. to 10:00 p.m., or longer as the Planning Commission may specify. lb. Fencing, where required, shall be standard chain link with three top strands of barbed wire. Fencing shall be a minimum of 6 feet high. 17. Topsoil shall be stockpiled on the site. Care will be taken to prevent blowing of topsoil from the site. No pollution of the aquifer due to silt will be permitted. 16. An earthen dike for flood prevention shall be formed along the north and west property lines or river. 19. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 87140D Page 3 DEVELOPMENT STANDARDS — GREELEY SAND AND GRAVEL 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. Personnel from the Weld County health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 23. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such -changes _from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 24. The property owner or operator shall he responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 871400 Attachment G-1 Lafarge West Inc. — Amendment to Greeley 35th Avenue Mine Groundwater Monitoring and Mitigation Plan PURPOSE This Groundwater Monitoring and Mitigation Plan is prepared as part of Lafarge's application to the Colorado Division of Reclamation, Mining and Safety (DRMS) for a permit to Amend the Greeley 356 Avenue Mine Permit M-1977-036 to add the Lafarge Brown property to the permit. This plan presents the methods and locations for monitoring of groundwater during gravel mining and site reclamation activities. Although adverse impacts to groundwater are not anticipated as a result of Lafarge's activities at the Lafarge Brown property, this plan also addresses how any adverse effects to groundwater would be mitigated, should they occur. Lafarge will amend the Temporary Substitute Water Supply Plan on file with the State Engineer's Office to address any additional depletions due to operations on the Lafarge Brown property. The temporary substitute supply plan is designed to protect senior vested water rights and mitigate potential depletions of flows in adjacent waterways. BACKGROUND The Lafarge Brown property is located in Greeley, Colorado. The site occupies approximately 12.4 acres in the northeast quarter of the northeast quarter of Section 35, Township 6 North, Range 66 west. The Cache La Poudre River channel is on the west and north site boundary. On the adjacent property to the east and south of the site, Lafarge mines sand and gravel from the existing permitted Greeley 35th Avenue Mine which will extend onto the Lafarge Brown property. Dewatering flows are discharged to the Cache la Poudre River. Sand and gravel will be extracted by the "dry" mining method. Mine cells will be dewatered using a perimeter drain to facilitate extraction of the gravel. The actual mining limits are anticipated to cover approximately nine acres. The rate of mining and overall life of the mine is dependent upon demand and market conditions. The reclamation of the Lafarge Brown property will be part of a larger unlined pond. The dewatering system will discharge to the Cache la Poudre River via discharge points at the existing permitted mine. Dewatering of the Lafarge Brown part of the mine would lower the groundwater levels to a limited extent in the surrounding alluvial aquifer. Effects on groundwater levels beyond the Lafarge Brown property are projected to be limited due to the boundary affect of the Cache la Poudre River. Mining should not have significant adverse effects on groundwater users in the adjacent areas as such users are located on the opposite side of the river or at relatively lengthy distances. Greeley 35`" Avenue Mine (M-1977-036) ARMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 1 Monitoring Well Installation Lafarge has installed a total of 6 monitoring wells in the area of the Greeley 35th Avenue Mine. Three of these wells are on the Lafarge Brown property and three are near the permitted mine. The monitoring wells were installed outside the limits of contemplated mining, but near the proposed permit boundary, so that groundwater levels can be monitored during and after mining. The monitoring wells were constructed of 2 -inch Schedule 40 PVC casing and screen extending to the bedrock. Each of the monitoring wells was finished at the surface with a locking, above ground, steel protective casing set in concrete. The objectives of the well installation and monitoring program are to monitor current groundwater conditions and to provide a basis for assessing potential effects to groundwater levels during and after the proposed mining. Through the well monitoring program, pre -mining groundwater elevations, flow patterns across the property, and seasonal fluctuations will be documented. Well Inventory A well inventory for the site and adjacent areas was conducted to identify wells near the project. The inventory consisted of a review of well records (Registered Wells) on file with the Colorado Department of Natural Resources, Office of the State Engineer (SEO) as well as mailings and meetings with nearby property owners. The State records search indicated that there are fifteen permitted wells (excluding those in the permitted mine) listed within 0.5 miles of the Lafarge Brown property (Figure 1). Fourteen of these wells are on the opposite side of the Cache la Poudre River. SEO requires a 600 -foot well spacing agreement statement from the well owners who have wells within 600 feet, at least six months prior to the commencement of mining of a relevant phase. The well research indicated one permitted well within 600 feet of the proposed permit boundary. This well, identified below, is within 600 feet from the closest proposed mine excavation and is on the opposite side of the Cache la Poudre River. Permit: 30523 Owner: Gino Tori 4704 West 0 Street Greeley, CO 80631 Use: Irrigation Location: NE 1/4 NE 1/4 Sec. 34, 6N, 66W The owner reports this well is 42 feet deep, 6 -inches in diameter and is used to irrigate 1.5 acres at a pumping rate of 12 gallons per minute. Mining on the Lafarge Brown property is not expected to have significant effects on this well because primary mining/dewatering activities near the well will be on the opposite side of the Cache La Poudre River. Greeley 35"' Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 2 MONITORING AND MANAGEMENT Groundwater Monitoring Six monitoring wells were installed in the area as shown on the map of Exhibit C. Three of the wells are on the Lafarge Brown property. Groundwater level monitoring of the three Lafarge Brown wells began in February 2009 and will be conducted on a monthly to quarterly basis prior to mining to establish a site -wide baseline. Once mining begins, monitoring will be conducted on a monthly basis with water levels reported in the Annual Reclamation Report. Once a steady state condition is reached, Lafarge may choose to adjust the monitoring interval to bi-monthly then quarterly basis that will have to be approved in a Technical Revision submitted to the DRMS. Table 1 provides the existing groundwater level measurement data for the site piezometers. Reporting Lafarge will prepare and submit a report on baseline groundwater levels, utilizing data from the 3 existing Lafarge Brown monitoring wells as well as other monitoring wells in the monitoring program. Thereafter, groundwater monitoring data will be submitted with the annual progress report to the DRMS and copied to the Weld County Department of Planning Services. If Lafarge receives a complaint from a well owner, Lafarge will submit their groundwater monitoring data to the DRMS within 24 hours. A copy will also be provided to the Weld County Department of Planning Services. Wells Within 600 Feet As discussed above, there is one permitted irrigation well within 600 feet of the proposed permit boundary. Lafarge will attempt to obtain a 600 -foot well spacing agreement statement from the well owner at least six months prior to the commencement of the relevant mining phase. MITIGATION Monitoring data will be used to help identify potential changes in alluvial groundwater flows or elevations associated with mining and reclamation activities. Baseline data collected from the monitoring program will provide a range of water levels associated with pre -mining groundwater conditions. Experience at other sand and gravel mine sites in similar geologic settings, and baseline monitoring conducted to date, indicates that groundwater levels tend to fluctuate up to several feet per year, being highest in the summer and lowest in the winter and early spring. Due to normal seasonal fluctuations, Lafarge proposes to define the trigger point for the start of potential mitigation procedures as 2 feet of drawdown relative to historic conditions in the applicable season. The amount of drawdown relative to the mitigation trigger point would be calculated and assessed relative to one standard deviation from the mean of measurements collected during the applicable season. Mitigation measures would be implemented after receipt of an owner complaint and confirmation of the two foot trigger point. Potential mitigation measures are discussed below. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 3 Hydrogeologic conditions, the river boundary and the distance from wells, indicate that there should be no significant effect on local groundwater users due to the mining on the Lafarge Brown property. If Lafarge receives a complaint from a well owner, Lafarge will initiate an evaluation of the cause and notify the DRMS immediately. After the DRMS has been notified, Lafarge will review the available data and information and submit a report to the DRMS within 30 days. To the extent practicable, the report will identify the extent of potential or actual impacts associated with the changes. The evaluation will include discussions with any well owner who has contacted Lafarge regarding a concern and review of available data from the well and vicinity to evaluate the cause of any changes (e.g., seasonal variations, climate, mining by Lafarge, mining by others, or other factors). Lafarge would also enlist the service of a contract professional hydrogeologic consultant to provide an opinion and meet with the Division to discuss the findings. If the claim cannot be resolved with this information, Lafarge would fund the service of a 3`d party consultant agreeable to the Division to render a separate opinion. If Lafarge's mining or reclamation activities are determined to be a significant contributing factor that has or may create adverse impacts, the mining -associated impacts will be addressed to the satisfaction of the DRMS. An initial temporary mitigation measure (for cases in which Lafarge's operation is a suspected cause) may entail providing an alternative water supply that meets the documented historic well production, or need, until further investigation can be conducted to determine if the well condition is due to Lafarge's mining operation. If, after review, the DRMS determines that the impact on a well, for which temporary mitigation has been initiated, is not a result of Lafarge's activities, or is not solely a result of Lafarge's activities, then Lafarge shall reduce or cease mitigation accordingly with the approval of the DRMS. Mitigation measures, divided into temporary and long term, may include, but are not limited to: Temporary: • Compensation for well owner to use their existing treated water system to replace the well production loss; • Provide a water tank and deliver water as necessary to meet documented historic well production or need; • Other means acceptable to both the well owner and Lafarge. Long -Term: • Cleaning a well to improve efficiency. • Providing an alternative source of water or purchasing additional water to support historic well use in terms of water quantity and quality. If needed, water quality parameters will be checked in affected wells to ensure alternative sources support the historic use. • Modifying a well to operate under lower groundwater conditions. This could include deepening existing wells or lowering the pumps. All work would be done at Lafarge's expense with the exception of replacing equipment that was nonfunctional prior to the impact. Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 4 • If existing wells cannot be retrofitted or repaired, replacing the impacted well with a new well. • Providing groundwater injection/recharge to eliminate or reduce offsite impacts. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 5 Table 1 Greeley 35th Avenue and Lafarge Brown Property Water Level Measurements Date 35th Ave -7 35th Ave -8 35th Ave -12 Brown -1 Brown -2 Brown -3 Depth to Water Below Measurement Point (FT) Depth to Water Below Measurement Point (FT) Depth to Water Below Measurement Point (FT) Depth to Water Below Measurement Point (FT) Depth to Water Below Measurement Point (FT) Depth to Water Below Measurement Point (FT) 04/02/07 17.52 22 10.1 05/09/07 17.12 23.2 10.2 06/04/07 16.73 29.55 10.15 07/02/07 16.97 29.62 10.65 08/06/07 17.02 30 10.62 09/04/07 17.13 30 10.66 10/01/07 17.02 30 10.71 11/05/07 17.11 30 10.82 12/03/07 17.21 30 10.98 03/03/08 17.65 30 10.5 02/03/09 15.56 22.97 10.13 12.55 12.29 12.53 03/03/09 15.47 22.81 10.1 12.59 12.31 12.52 04/07/09 14.43 22.72 10.12 12.75 12.65 12.95 05/05/09 14.31 22.84 9.84 12.92 12.8 13.27 06/02/09 13.79 22.8 7.66 10.12 10.38 10.45 07/07/09 12.7 19.83 12 12.86 12.11 08/10/09 12.88 19.6 7.21 12.87 13.62 12.73 Hora, Pam From: Sent: To: Cc: Subject: Mr. Jordan, Ebert, Jared [Jared.Ebert@state.co.us] Friday, September 25, 2009 1:07 PM david.jordan@lafarge-na.com Anne.Johnson@lafarge-na.com; Hora, Pam Greeley 35th Avenue I discussed my observations about the site inspection and the slopes of the North Central Pit with my supervisor. We agree that Lafarge can forgo conducting the bathometric survey for the North Central Pit at this time for the amendment process. However, prior to release of the site, Lafarge will need to prove that all the pit slopes are constructed to the specifications of the reclamation plan. For the financial warranty calculation for the amendment process, I will bond for some above waterline earth work for the North Central Pit given that the approved slopes are not in place. Thanks, Jared Jared L. Ebert Department of Natural Resources Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 (303)-866-3567 ext. 8120 TTETRA TECH October 16, 2009 Mr. Timothy T. Carey Department of the Army Corps of Engineers, Omaha District Denver Regulatory Office 9307 South Wadsworth Boulevard Littleton, CO 80128-6901 RE: Response to letter regarding Lafarge West, Inc.'s Greeley 35th Avenue Mine Application to the DRMS Permit No. M-1977-036; Corps File No. 199680697 Dear Mr. Carey: We received a copy of your letter dated July 24, 2009 regarding Lafarge West, Inc.'s Greeley 35th Avenue Mine application under review by the DRMS. As specified in the letter, Lafarge will notify the Department of the Army regarding permit requirements if any work associated with the 35`h Avenue Mine project requires the dredging or filling of an aquatic site in the area. However, due to the unique nature of the property as well as the previous and proposed mining activities taking place, Lafarge would like to clarify that certain aquatic sites on the property would be exempt from this notification. Specifically these areas would include aquatic sites within the perimeter of the mine that have been designed for or created by the operator for temporary use during normal mining operations and areas that have filled with water over time but are slated for mine -related activities in the future. Once mining operations are complete, Lafarge would provide courtesy notification to the Department of the Army and consultation would be conducted on the potential for these sites to be reclaimed as wetland habitats. Sincerely, TETRA TECH amela Franch Hora, AICP Senior Planner cc: Jared Ebert, DRMS Anne Johnson, Lafarge West, Inc. Kirby Carroll, Buys and Associates P\2351 I\133-23511-08005 \DeliverableskORMSSAdequacy ReviewtRcsponse 10 16 09Wrmy Corps Resp.doc 1900 5. Sunset Street. Suite I F Longmont, CO 80501 Tel 303 7723282 Fax 301772.7039 ww'.tetratech.com (----% mit TETRA TECH October 16, 2009 Mr. Edward C. Nichols State Historic Preservation Officer Office of Archaeology and Historic Preservation 1300 Broadway Denver, CO 80203 RE: Response to letter regarding Lafarge West, Inc.'s Greeley 35th Avenue Mine Application to the DRMS (Permit No. M-1977-036) Dear Mr. Nichols: We received a copy of your letter dated July 22, 2009 regarding Lafarge West, Inc.'s Greeley 35th Avenue Mine application under review by the DRMS. If any human remains are discovered while Lafarge West, Inc. is mining the existing 35th Avenue Mine site or the Lafarge Brown property which is being added to the site, they will immediately notify the County Coroner and Sherriff s Office or Greeley Police Department as is required by CRS 24-80 part 13. Sincerely, TETRA TECH Pamela Franch Hora, AICP Senior Planner cc: Jared Ebert, DRMS Anne Johnson, Lafarge West, Inc. P 23511\ID-28511-08005\ Deliverables \DRMS \Adequacy ReviewVvch and Hist Reap doc 1900 S. Sunset Street, Suite I -F Longmont, CO 80501 Tel 303.772.5282 Fax 303.772.7039 wwwtemetech rem LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. Hello