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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20072267.tiff
DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue,Greeley,Colorado 80631 Phone (970) 353-6100,Ext. 3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT # 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we),the undersigned, hereby request a hearhg before the Weld County Planning Commission concerning a proposed gravel (gravel,coal, borrow pit,etc.) mining operation for the following described unincorporated area of W eld County: Legal Descriptbn See Attached ,Section 6 , Township 1 North, Range_6yWest Flood Plain: Yes Zone District: A , Total Acreage: 298. 5 ,Overlay District Geological Hazard: NA Airport Overlay Dtrict NA 2. Surface owner(s)of area of land described Name: Holton Family,LLC Address: See Below Phone:( 303) 857-2446 Name: Address: Phone: 3. Owner(s)of mineral rights or substance to be mined Name: Same as Above Address: Phone: Name: Address: Phone: 4. Applicant's name:Ready Mixed Concrete Co. EmailAddressbillt@Concretecolorado.com Address: 14585 Brighton Road Brighton, CO 80641 Phone: ( 303) 659-0630 5. Identify any prior permits for mining held by appicant or affiiated person: USR 1343 (Nix) Usr 1102 (Del Camino) I (We) request that the following deserted property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that al statements, proposals,and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this appicatbn. If an Authorized Agent signs, a letter of authorizatbn from all fee owners must be included wth the appication. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign i for the corporation. l __ U \ /,qJ07 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Da Surface Owners Address : 12032 Highway 52 Fort Lupton, CO 80621 15 2007-2267 Weld County Planning Department GREELEY OFFICE MAR 0 8 2007 RECEIVED March 6, 2007 Mr. Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Re: Holton Lakes USR Dear Mr. Ogle: Please accept this letter as written authorization for Mike Hart of Hart Environmental to act on behalf of the Holton Family, LLC in matters regarding the Holton Lakes Use by Special Review(USR) permit application, which Mike submitted to your office on Monday, March 5, 2007. Sincerely, (/�, Thomas M. Holton Alice R. Holton Cc: Mike Hart, Hart Environmental Boral BORAL Weld County Planning Department Construction GREELEY OFFICE Materials MAR• 1 2 2007 BORAL CONSTRUCTION MATERIALS LLC 4395 Washington Street RECEIVED Denver,CO 80216 Main:303-292-1771 Fax:303-295-0470 March 9, 2007 Mr. Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Re: Holton Lakes USR Dear Mr. Ogle: Please accept this letter as written authorization for Mike Hart of Hart Environmental to act on behalf of Ready Mixed Concrete Company in matters regarding the Holton Lakes Use by Special Review (USR) permit application, which Mike submitted to your office on Monday, March 5, 2007. In addition, as President of Ready Mixed Concrete Company, I will execute all permit documents related to the Holton Lakes USR. Sincerely, Ronald S. Henley ; President, Boral ruction Materials Cc: Bill Timmons Mike Hart Subsidiaries Include Boral Aggregates, Inc. / Boral Best Block LLC/ Ready Mixed Concrete Company Page 1 of 1 Kim Ogle From: Michael Hart [mjhart0l @gmail.com] Sent: Monday, June 04, 2007 12:02 PM To: John Butera Cc: Bill Timmons; Tom Holton; Tommy Holton; Kim Ogle Subject: Directional Drilling Costs John: I assume that you have had an opportunity to study the three drawings that I recently e-mailed to you showing possible future drilling locations on the Holton property. Before we schedule our next meeting, it would be useful if you would provide me with some information about the relationship between the distance from the drilling window and the cost to directionally drill. For example, I assume that a drill location 100 feet outside your 400' X 400' window is going to cost less than a location that is 600 feet away. Anyway, it will be useful to have some idea of the cost to drill outside the proscribed drilling window. Thanks, Mike Michael J. (Mike) Hart Hart Environmental (303)444-6602 06/04/2007 HART ENVIRONMENTAL Box 13O3 lioitldi'r, Ct ori3do 8!?iilti h'or7i': iut. ri:?02 June 8,2007 Ms. Erica S. Crosby Division of Reclamation,Mining,and Safety 1313 Sherman Street,Rm.215 Denver, Colo. 80203 RE: Response to C-DOT'S June 4,2007 Letter Dear Erica: The following respond to comments and concerns expressed by Mr.Joe Tntermill on behalf of the Colorado Department of Transportation(C-DOT)regarding the proposed Holton Lakes sand and gravel mine(DMR&S Permit Number 2007-008). Listed below arc C-DOT s comments and the Applicants responses to those comments. 1. The Vicinity Map in the application package shows a bier zone between the start of excavation and the adjacent CDOT Right-of Ff icy. It shows. fifty feet between the top slope of the excavation and US highway 85 ROW and one-hundred foot huffer between top slope of the excavation and NI 52. We consider these to he the minimum widths of virgin undisturbed ground needed between the excavation and the ROW in this area. No excavation, including the slurry walls should be allowed inside these hoer areas. Applicant's Response: The 100-foot setback from the south Right-of-Way(ROW)of Colorado Highway 52 and mining Stage 1 will be used to create a landscape screening buffer between the highway and the mining operation. There will be no slurry wall constructed for mining Stage 1. However,a 300- foot section of slurry wall will be constructed along the southerly limit of the 100-foot set back as part of the overall slurry wall for mining Stage 5. Between the west ROW of Colorado Highway 85 and mining Stages 2 and 3,the minimum mining setback distance is 50 feet. As with Stage 1,the area opposite Stages 2 and 3 will be landscaped to screen the mining area from Highway 85. There will be no slurry wall constructed for mining Stage 2. The slurry wall along the cast side of Stage 3 will be excavated west of and adjacent to the 50-foot setback limit. Ms. Erica Crosby June 8,2007 Page 2 2. ('DOT shares DRMS concerns listed in Item 18 of the adequacy review letter dated April 27, 2007 about the potential negative impact that could he caused by significant flood event. We request that, as a minimum, the suggested mitigation measures shown in Item 18 he utilized for dry pit slopes that parallel C:'DOT ROW. These measures are mining thy pit slopes no steeper than 1:1, including the dewalering ditch, and protect the reclaimed slopes with rip rap. Applicant's Response: The Applicant is committed to protecting Highways 52 and 85 from impacts associated with the mining and reclamation of Holton Lakes. Dining mining,the Applicant will adhere to the recommendations of Scott-Cox and maintain a minimum mining setback from permanent man-made structures of 100-feet. The Scott-Cox safety setback assumes a vertical pit wall during mining; therefore,the Applicant is opposed to a mandated 1:1 pit wall slope during mining where the 100-foot structure setback is applied. The Scott-Cox engineering analysis supports the Applicant's mining approach in this regard. As previously mentioned,it is likely that the slope of the pit wall will vary within a given mining stage as well as from stage to stage. Because the Applicant intends to employ concurrent mining and reclamation practices,the perimeter of any given mining stage will be reclaimed prior to the completion of the mining of that stage. All reclaimed slopes will be backfilled to a minimum slope of 3:1 with rip-rap selectively used if needed. 3. ('.DOT is also concerned with the potential mounding effect that could he caused by the Slurry Walls and the impact it could have on our ROW and drainage structures. Applicant's Response: Currently,within C-DOT's ROW for Highways 52 and 85,there are drainage ditches designed to discharge surface water from the ROWS to the South Platte River. Additionally_ these drainage ditches will act as a ground water cut-off ditches in the event that ground water rises(or mounds)to the elevation of the bottom of the drainage ditch,The Applicant is prepared to work with C-DOT to mitigate mounding effects caused by the slurry walls by installing additional cut-off trenches if needed. 4. There was no mention of the water elevations in the storage lakes, where and how the storage water would enter the lakes, and how or where it would he discharged from the lakes. These are all items to he considered when evaluating the potential damage to highwcrys • • and other adjacent and downstream property. —, Ms. Erica Crosby June 8,2007 Page 3 Applicant's Response: CDOT's comment goes beyond the Division's purview to how the water storage facilities may be operated, maintained and managed after mining and reclamation is completed,and the Board's reclamation bond is released. It is also beyond the Applicant's control as the Applicant has only secured a right to mine gravel and to reclaim the property,the latter to the specification of the landowner. Similar to the Division then,the future use and management of the Holton Lakes property for water storage is beyond the Applicant's authority to control. That stated, it can be assumed that the water elevation in each of the three scaled pits will approximate the elevation of the surrounding alluvial ground water which ranges from three(3) to five(5)feet below ground surface(see cross section A-A' on map Exhibit"F"Reclamation Plan). 5. We understand that the applicant is preparing a report analyzing the effects of a IOU year flood event and possible ways to mitigate danaag►e to the permitted and adjacent areas. We request the opportunity to review this report once it is submitted Applicant's Response: The Applicant will provide C-DOT a copy of any report it is required to prepare to analyze the effects of a 100-year flood event, and ways to mitigate off-site impacts,if any, specifically attributable to the Holton Lakes project. if you have any questions regarding this letter,please do not hesitate to contact me_ Sincerely. Michael .1. (Mike) Hart cc: Bill Timmons, Ready Mixed Aggregates Joe lntermill,C-DOT Representative Kim Ogle, Weld County Planning STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY —pepartment of Natural Resources 313 Sherman St., Room 215 Denver,Colorado 80203 COLORADO D I V I S I O N O F Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING —&— SAFETY Notice of 112 Construction Materials Bill Ritter,Jr. Governor Reclamation Permit Application Consideration Harris D.Sherman Executive Director Ronald W.Cattany Division Director Natural Resource Trustee DATE: February 16, 2007 Wein County Planning Department I REELEY OFFICE TO: Ms. Monica Mika-Daniels Weld County Planning Depaitntent FEB 2 0 2007 Planning Director 918 10th St r." circIVED Greeley,CO 80631 FROM: Erica S. Crosby, Environmental Protection Specialist RE: Ready Mixed Concrete Company, Holton Lakes,File No. M-2007-008 Please be advised that on February 15, 2007, Ready Mixed Concrete Company, whose address and telephone number are 14585 Brighton Road , Brighton, CO 80641; (303) 659-0630, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section 6, Township IN, Range 66W, 6th Prime Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The application decision is scheduled for May 16, 2007. A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation,Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines HART ENVIRONMENTAL P.O. Box 1303 Boulder, Colorado 80306 Phone: 303.444.661 Fon 4052AD Holton Lakes Use By Special Review (USR) Permit Appli «V A-1777 • Prepared for: Ready Mixed Concrete Company DBA Boral Aggregates Prepared by: Michael J.Hart Hart Environmental Boulder, Colorado March 2007 6ioinnnuua.il Alona(l-:IH IH an:i PLimu;,n Ra • �'i'rru i!a nJ n LnuniA TABLE OF CONTENTS INTRODUCTION 1.0 USR PERMIT APPLICATION 2.0 USR LEGAL DESCRIPTION 3.0 INDEX MAP 4.0 USR QUESTIONAIRE AND DEVELOPMENT STANDARDS 5.0 MINING PLAN AND OPERATIONAL STANDARDS 6.0 DRM&S RECLAMATION PLAN AND USR STANDARDS 7.0 DMR&S RECLAMATION PLAN MAP 8.0 STATEMENT OF ADEQUATE WATER SUPPLY AND WATER INFORMATION 9.0 EVIDENCE OF ADEQUATE SEWAGE DISPOSAL 10.0 WELD COUNTY ROAD ACCESS INFORMATION 11.0 SOILS REPORT 12.0 APPLICANT'S SOURCE OF LEGAL RIGHT-TO-ENTER 13.0 APPLICANT'S INTEREST IN THE SUBJECT PROPERTY 14.0 OWNERS OF RECORD 15.0 CERTIFICATE OF CONVEYANCE 16.0 AFFIDAVIT OF MINERAL OWNERSHIP 17.0 OIL AND GAS AGREEMENTS 18.0 DITCH AND IRRIGATION EASEMENTS 19.0 AFFIDAVIT OF SURFACE OWNERS WITHIN 500 FEET OF SUBJECT PROPERTY 20.0 IGA NOTICE OF INQUIRY Holton Lakes Use By Special Review (USR) Permit Application Prepared for: Ready Mixed Concrete Company DBA Boral Aggregates Prepared by: Michael I Hart Hart Environmental Boulder, Colorado March 2007 21.0 APPENDICES 1. USR Map Set Reduced to 8.5"x 11.0" 2. Colorado Division of Reclamation, Mining and Safety (DRM&S) Regular 112 Permit Application 3. Traffic Impact Study 4. Technical Brief—Soil-Bentonite Slurry Walls 5. Aggregate Resource Evaluation by: CTSI 6. Weld Re 8 School District Response ii INTRODUCTION Ready Mixed Concrete Company is applying for a Use by Special Review Permit in order to mine sand and gravel from portions of Sections 6 and 7, Township 1 North, Range 66 West of the Sixth P.M. Weld County, Colorado. The proposed Holton Lakes Pit is located in unincorporated Weld County adjacent to Fort Lupton, Colorado. State Highway 52 boarders the site on the north and State Highway 85 boarders the east side of the site. The proposed pit lies within the 100-year floodplain of the South Platte River, which cross the subject property, flowing from south to north. The Holton Lakes Pit will be mined in five stages totaling 203 acres. Prior to mining, soil-bentonite slurry walls will be constructed around the perimeter of mining stages three, four and five, which total 166 acres of the 203 acres to be mined. All five mining stages will be dewatered and then mined dry with backhoes and front-end loaders. Excavated sand and gravel will be conveyed from the active stage of mining to an on site sand and gravel processing plant where the aggregate will be crushed, screened, washed and stockpiled. Finished sand and gravel products will be used to supply an on-site ready mix concrete plant or hauled by truck to customers in the area. Depending upon the economy of the region and demand for sand and gravel, the life of the Holton Lakes Pit is estimated to be approximately 10 years. Wherever feasible, reclamation will be done concurrently. The site will be reclaimed for two principal post-mining land uses, wildlife habitat and developed water storage. It is estimated that 4,000 acre-feet of water storage can be developed from mining stages 3-5. 1.0 USR PERMIT APPLICATION DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue,Greeley,Colorado 80631 Phone (970) 353-6100,Ext. 3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT # 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural gude requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel,coal, borrow pit,etc.) mining operation for the following described unincorporated area of Weld County: Legal Descriptbn See Attached ,Section 6 , Township 1 North, Range.West Flood Plain: Yes Zone District: A , Total Acreage: 298 . 5 Overlay District Geological Hazard: NA ,Airport Overlay District NA 2. Surface owner(s) d area of land described Name: Holton Family,LLC Address: See Below Phone:( 303) 857-2446 Name: Address: Phone: 3. Owner(s)of mineral rights or substance to be mined Name: Same as Above _Address: Phone: Name: _Address: Phone: a. Applicant's name:Ready Mixed Concrete Co. EmailAddmeebillt@concretecolorado.com Address: 14585 Brighton Road Brighton, CO 80641 Phone: ( 303) 659-0630 5. Identify any prior permits for mining held by applicant or affiliated person: USR 1343 (Nix) _ Usr 1102 (Del Camino) I (We) request that the folbwing described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this appication. If an Authorized Agentsigns, a letter of authorization from all fee owners must be included with the appicatbn. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. �1 - `� — —'�'�Z..I /r-/v `�� K 1 S:A—Lv� . =Till') 7 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Da Surface Owners Address : 12032 Highway 52 Fort Lupton, CO 80621 15 2.0 USR LEGAL DESCRIPTION USE BY SPECIAL REVIEW LEGAL DESCRIPTION Parcel A: That parcel of land described in the Special Warranty Deed Dated August 25,2005 from: Thomas M.Holton and Alice R.Holton to: Holton Family,LLC recorded at reception number 3316792 on 08/25/2005 in the records of the Clerk and Recorder of the County of Weld,State of Colorado, described as follows: The NE 1/4 of the SW 1/4,the N 1/2 of the SE 1/4 of the SW 1/4,the N 1/2 of the SW 1/4 of the SW 1/4,the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 6,Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado; EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 1403 at Page 414, in Book 1471 at Page 185 and in Book 682 at Reception Number 1603891, Weld County Records. -- Parcel B: That parcel of land described in the Special Warranty Deed Dated August 25,2005 from: Mice Rae Holton to: Holton Family,LLC recorded at reception number 3316793 on 08/25/2005 in the records of the Clerk and Recorder of the County of Weld,State of Colorado,described as follows: The W 1/2 of the NW 1/4 of Section 7,Township 1 North,Range 66 West of the 6th P.M., Weld County, Colorado EXCEPTING THEREFROM the NE 1/4 of the NW 1/4 of the NW 1/4. Parcel C: Part of Sections 6 and 7, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Beginning at the Southwest corner of the NE 1/4 NW 1/4 of Section 7 , Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado;thence N 00°04'06" W along the West line of said NE 1/4 NW 1/4 a distance of 660.46 feet to the Southeast corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence S 89° 33' 44" W a distance of 738.40 feet to the Southwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence N 00° 14' 07" W along the West line of the NE 1/4 NW 1/4 NW 1/4 of said Section 7 a distance of 660.51 feet to the Northwest corner of the NE 1/4 NW 1/4 NW 1/4 of said Section 7; thence N 00° 33'43" W along the West line of the SE 1/4 SW 1/4 SW 1/4 of said Section 6 a distance of 660.60 feet to the Northwest corner of the SE 1/4 SW 1/4 SW 1/4 of said Section 6;thence N 89° 33'49" E along the North line of the S 1/2 S 1/2 S 1/2 of said Section 6 a distance of 2223.12 feet to the West right-of-way line of U.S. Highway No. 85; thence S 06° 13' 31" E along the West right-of-way line of U.S.Highway No. 85 a distance of 1691.42 feet to a point of curve; thence along an arc to the right having a radius of 5640.35 feet, an arc distance of 299.43 feet to the South line of the NW 1/4 NE 1/4 of said Section 7;thence S 89° 33'28" W along the South line of the N 1/2 N 1/2 of said Section 7 a distance of 1682.72 feet to the point of beginning. Parcel D: That parcel of land described in the Special Warranty Deed Dated August 25,2005 from: Thomas M. Holton and Alice It Holton to: Holton Family, LLC recorded at reception number 3316794 on 08/25/2005 in the records of the Clerk and Recorder of the County of Weld,State of Colorado,described as follows: The NW 1/4 of the SW 1/4 of Section 6, in Township I North, Range 66 West of the 6th P.M., Weld County, Colorado. EXCEPTING THEREFROM those portions conveyed in Deeds recorded in Book 114 at Page 157, and in Book 1471 at Page 185, Weld County Records. Also, EXCEPTING THEREFROM a parcel of land more particularly described as follows: Beginning at the West Quarter(%)corner of Section 6 in Township 1 North,Range 66 West of the 6th P.M.; then South along the West line of the Southwest '/.of said Section 6 to a point on the South Right of Way(ROW)line of Colorado State Highway 52, more particularly described in Book 1471 at Page 185 of the records of the Weld County Clerk and Recorder, said point being the True Point of Beginning(TPOB);then East 625.00 feet along said ROW line; then South 350.00 feet along a line parallel to the West line of the Southwest '/.of said Section 6;then West 625 feet along a line parallel to the South ROW line of Colorado State Highway 52 to a point on the West line of the Southwest / of said Section 6;then North along the West line of the Southwest /of said Section 6 to the TPOB. Said parcel containing 5.02 acres more or less. And, EXCEPTING THEREFROM any portions of land which lie outside the primary exterior boundary line fences of the combined parcels of land described above. 3.0 INDEX MAP `/�' \ o u9� , r5f577c r-jk} _ , , N, 1�., r ) P I � nd Hills es 488 tJ± 't ' II3H \ )y • ' t4 ?aH > �.+,, rem d 41ttlf j ,, " ; ;+ Fort T r m Hwy #5z r 43; c i;l l' Luton s2 ! L 7 - a clij r a 7503 l a. j ' ' e1f LA ~ti CO 1 4 C Ji a C` � - 1 �---\ v, % �o 6 s c r � aware s 4nwPROD ECT SITE 4� } 11 I T "— t 1 $842 111 n Q I Ca—�- - Bye ` .�A p� , 1› '\ 36 fi eitQ 9 '1J� ),-r 7 - E Holton Lakes Index Map n.t.s. date: Jan. 26, 2007 . ♦ ""'� 'II =VI's i rlyk I (OIDMW SATE_HIGHWAY♦ f F� Pi ti 10'B4? ,\aaow� a n'�K t ice\ li J € � �e�y,a on. a ib..�t \\ \ PARCEL"D5 _, O �. . ,r c , P: t: / 1:- i tors' ‘,A ." r � � PARCEL A" ' II .r i t 11Req , VI j T. _ c ,, 3.11 1 j • IIg 4 e?�*- aa's % l �i E I, ett Of N ., ,i M w nii 411 it ' • �t � O �. /fi 0=Ma 6d Pat k. ♦• T� l'`11t I ._ PARCEL"C" fit+ r.r ,�' 4 Y' 1�LI.> Ia t-n 11\ a i r. *Si } i �y�'yM ---.....4\\.I � I °' .... < ` A auw6.� µ L li r y' Jr TT I nutWf IPe (A` jI IT •� ......_— I„!w I; PARCEL"El" r a- ♦. 'S —. 16 _ s A.5 ACA's, 'm`.3t e:,,,•.im`... ...m..mn.,r,,.,., ,T:....n.'7.1,==� 3-2,l' , I ' .w..... �� ".,. "„ Imo, t A •e: 1 • 'r i . a ima..�wam�"...uptinv:�m"..Rnm.mmm . ...m � ii critI - CITY OF ' .".0.—. rnrA.�Ai//,'' ALL ADJACENT PROVERb OWNERS WITHIN ODO FEET wm'.,°°.®'X LEGEND •x6Fiii �' N a^vm+ m r 11 *. 1 _ _ mm,"....".m. 4I' \1'- s Ee- _ feu o-T muz ]. y ?• .,yte '° a. n7. .gy m°°: N.11 N.., a cosziwiontaa. "1°A`T HOLTON LAKES Aor-.- N....w ubREVISIONS m, DRM&S PERMIT#2007- READY MED CONCRETE CO. roe.. .........0..b., Walsh 3 14585 BRIGHTON ROAD 'ErT rut'ADJ. PROP.OWNERS WITH AERIAL w.T30.CO 110601 ColIOWo re�N.e. � PRE-MINING -EXHIBIT"C-3" 30"5'°6'° °•.-w . �^� " cr' 7 4.0 USR QUESTIONAIRE AND DEVELOPMENT STANDARDS 4.0 USR QUESTIONNAIRE 1. A detailed description of the method of mining operation; the description shall include: a. The types and numbers of structures that will be erected(built) on site including operation and processing equipment to be employed include, but are not limited to, the following: • Sand and Gravel Processing Plant; • Ready Mixed Concrete Plant; • Scrapers to be used for striping and stockpiling topsoil and overburden and for reclamation; A-- • Dozers used for mining and reclamation; • Motor graders to be used for mining and reclamation; • Tracked excavator to be used for mining and reclamation; • Front-end loaders to be used for mining sand and gravel, processing and concrete Production; • Electric pumps; • Portable primary crusher with screens for initial processing; • Field conveyors to transport mined sand and gravel from the pit to the Plant; • Maintenance shop and employee lunch room; • Truck Scales and scale house; • Service trucks—fuel, oil, grease and, • Employee pick-up trucks b. The maximum number of daily shifts worked for mining, processing and concrete production is two. The maximum number of employees per day will be 20 to 30. c. All proposed mining stages will be operated as dry pits; each stage will be slurry sealed and dewatered prior to mining. d.No Weld County roads will be used for direct access to and from the Holton Lakes sand and gravel pit. Primary access to the site will be via and existing access road from Colorado State Highway 52. Access to Phases 2 and 3, for mining and reclamation purposes only, will be via an existing access point on the west side of Colorado State Highway 85. e. The size of the area and stages to be worked at any one time. Stage 1 9 acres Stage 2 24 acres Stage 3 75 acres Stage 4 42 acres Stage 5 53 acres f. The estimated mining timetable for Holton Lakes is as follows: (1) Stage 1 Pre-mining—2009 Mining— 2010 (2) Stage 2 Pre-mining—2010 Mining— 2010-11 (3) Stage 3 Pre-mining—2011 Mining— 2012-14 (4) Stage 4 Pre-mining—2014 Mining 2015-17 (5) Stage 5 Pre-mining—2017 Mining- 2018-2020 All Reclamation work will be completed by the end of 2022. 2 g. Sand and gravel thickness varies from 20-25 feet, overburden thickness is 3-5 feet. h. The Reclamation Plan map is included with this application. The proposed post mining land uses include developed water storage and wildlife habitat. The reclamation process involves the grading and shaping of banks in areas where water storage is proposed (mining Phases 3-5). Mining Phase 2 will be filled with wash fines from the sand and gravel processing plant and Phase 1 will backfilled top-soiled, and re-vegetated. i. Technical advice was provided by the applicants representatives,the Colorado Division of Reclamation, Mining and Safety and Hart Environmental. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22. Answer: The proposed use is consistent with the Weld County Comprehensive Plan. Chapter 22 of the Weld County Code articulates the County's policies regarding mineral resources development. In particular, CM Goal 5 states that the County's policy "provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code." The goal of the Holton Lakes reclamation plan is to develop a number of post- mining land uses, including: 1. Developed Water storage and, 2. Wildlife habitat Over the past fifteen years there has been a significant growth in the demand for water storage on the South Platte River. Sand and gravel extraction along the South Platte River from Thornton to Fort Lupton has presented Front Range municipalities with the opportunity to acquire important water storage needed to meet the demands of their growing populations. The Holton Lakes sand and gravel project offers the opportunity to create 4000 acre feet of new water storage for the citizens of Weld County. This new water storage could be used to provide much needed augmentation water for those in the agricultural community who rely on tributary ground water wells to irrigate their farms. 3 The second goal of the Holton Lakes reclamation plan is to add wildlife habitat diversity in the riparian corridor of the South Platte River. In addition, future trail alignment opportunities along the South Platte and from the City of Fort Lupton will provide important links to the greater South Plant River trail network both up stream and down stream from Holton Lakes. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 and the zone district in which it is located. Answer: The subject property is zoned"A"Agricultural. The proposed use is allowed by Special Review pursuant to Sec. 23-3-40(A.)(4.) of the Weld County Land Use Code. 4. If applicable, explain what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural lands in the agricultural zone district. Answer: The Holton Lakes Mining Plan is intended to allow the continued agricultural use of the property concurrently with mining. For example, mine stages 2-5 will remain in agricultural use up until mining begins in each of these stages. Ultimately 166 acres of the 298.5 acre Holton property will be converted to developed water storage. 6. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Response: Currently, land uses surrounding the Holton Lakes property include agriculture, recreation and sand and gravel mining operations (past, present and future); they include: ■ West- Agriculture and future sand and gravel mining (see Lafarge's Riverbend sand and gravel pit which was recently approved by Weld County); • Northwest—Agriculture(pasture); • North- Agriculture and outdoor recreation; • East—Colorado State Highway 85 and the City of Fort Lupton; 4 • Southeast—Twenty acre farmstead with house and vacant land; • South—Agriculture/Pasture and future sand and gravel mining Mining Phase 6 of Lafarge's Riverbend sand and gravel pit is contiguous to the south boundary of mining Stage 4 of the proposed Holton Lakes pit. • Southwest- Mining Phase 6 of Lafarge's Riverbend sand and gravel pit is contiguous to the southwest boundary of mining Stage 4 of the proposed Holton Lakes pit. As historic South Platte sand and gravel resources between Brighton and Fort Lupton are depleted, demand for replacement aggregate reserves in the Fort Lupton area will continue to increase. The proposed Holton Lakes sand and gravel operation is compatible with both existing and future land uses in this area of Weld County. 7. A statement describing the existing land use. Response: A small portion of the Holton property was mined by the Colorado Department of Transportation and the sand and gravel was used for State Highway 52. The existing land use on the Holton Property is agricultural including pasture, livestock feed and vegetables. 8. Describe, in detail,the following: a. How many people (employees,visitors, buyers, etc.)will use this site? Answer: Depending on the number of shifts worked per day, the number of people using the site on a daily basis will range anywhere from 25 to 35. b. What are the hours of operation? Answer: All sand and gravel and concrete plant operations will be conducted during the hours of daylight except in the case of a public project or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair or maintenance facilities located on the property. 5 c. What type and how many animals, if any,will be on this site? Answer: Livestock (horses and cattle) will continue to be pastured on those areas of the subject property not being mined. d. What kind (type, size,weight) of vehicles will access this site and how often? Answer: The following vehicles will access this site on a daily basis: 1. Ready-mix concrete trucks (25 tons) 2. Sand and gravel haul vehicles (12-25 tons) 3. Cement bulk loaders (25 tons) 4. Employee vehicles, including cars and pick-up trucks e. Who will provide fire protection to the site? Answer: Fort Lupton Fire Protection District. f. What is the water source on the property? (commercial well or water district) Answer: Potable water will be supplied by commercial water service. The Applicant will use water from an existing well on the Holton Property for all operations including but not limited to: sand and gravel washing and processing; dust control and, ready mixed concrete production. An application for a commercial well permit will be filed with the office of the Colorado State Engineer. g. What is the sewage disposal system on the property? (Existing and proposed.) Answer: Following approval of this USR Permit Application by the Weld County Board of Commissioners, the applicant will apply to the Weld County Health Department for an ISDS Permit to serve the office/scale house, the sand and gravel processing plant and the ready mixed concrete plant personnel. Portable restrooms will be used to provide sanitary services for employees working at 6 the mine face in Stages 2, 3 and 4. h. If storage or warehousing is proposed,what type of items will be stored? Answer: The following materials will be stored on site: 1. Sand and gravel stockpiles 2. Cement and fly ash stored silos 3. Concrete add mixtures 4. Fuel, oil and grease i. Explain where storage and/or stockpile of wastes will occur on this site. Answer: Returned concrete will be wind rowed, allowed to harden, and recycled as structural fill and road base. j. Explain the proposed landscaping/screening for the site. Answer: The company proposes to landscape the north and east boundaries of the site with a combination of trees and shrubs as depicted on the landscape plan map included with this USR application package. k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Answer: It is estimated that construction and landscaping will require 3 to 4 months to complete. The first area to be landscaped is along the north side of mining Stage 1, adjacent to Colorado Highway 52. Landscaping work associated with Stage 1 will be completed during the first year following approval of this USR, and prior to the start of mining in that stage. Construction and landscaping work along mining Stages 2 and 3, adjacent to Colorado Highway 85 will begin after the Stage I landscaping work is completed. I. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Answer: To the greatest degree practicable, reclamation of the Holton Lakes Pit will be 7 concurrent with the mining of the site. Within two years of the completion of all mining activities on site and the termination of the USR all remaining reclamation work will be completed. m. Explain how the storm water drainage will be handled on the site. Answer: Storm water drainage will be managed according to the Storm Water Management Plan(SWMP), which will be developed for the site in conjunction with the requirements of the NPDES ground water discharge permit for sand and gravel operations issued by the Colorado Division of Health and Environment contained on site. If requested to do so,the Applicant will provide a copy of the NPDES Permit and SWMP for the Holton Lakes Pit to Weld County. n. Method and time schedule of removal or disposal of debris,junk and other wastes associated with the proposed use. Answer: Removal/disposal of debris,junk and wastes associated with the Holton Lakes sand and gravel operation will occur as needed during the life of the pit. Following completion of all mining activities, all plant, and equipment will be removed as well as all remaining debris,junk and wastes. o. A statement delineating the need for the proposed use. Response: Regional growth,transportation, and land use planning will all be affected by the ability of the aggregates (sand and gravel) industry to meet future demand for aggregate resources. Local demand for aggregates is expected to continue at reasonably high levels due to projected population growth and the associated demand for infrastructure improvements needed to accommodate such growth. Available aggregate resources are becoming more difficult to recover and more expensive to produce due to longer transportation distances, more involved permitting requirements, and the encroachment of other land uses on undeveloped potential aggregate reserves. As historic South Platte sand and gravel resources between Brighton and Fort 8 HOLTON LAKES SAND AND GRAVEL PIT DEVELOPMENT STANDARDS 1. The following development standards are for open pit sand and gravel mining operations, including the conveyance of excavated sand and gravel, importation of sand and gravel material, processing, and sales in the"A" (agricultural) Zone District as described in the application materials submitted under this Special Use Review Permit, all of which is subject to the development standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article VIII of the Weld County Zoning Ordinance. 3. The sand and gravel operation shall comply with operation policies identified in Section 23-4-290 of the Weld County Zoning Ordinance. Any violation of these regulations shall be grounds for cancellation of the Permit. 4. All operations on said described parcel shall maintain conformance at all times with the Weld County Flood Hazard Overlay District. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted on this site. 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. The maximum permissible noise level shall not exceed the industrial limit of 80 db (A), as measured according to 25-12-102, Colorado Revised Statutes. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The site shall maintain compliance with the Fort Lupton Fire Protection District, the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers. 12. Mining in the South Platte River shall be prohibited. 13. No excavation or processing of sand and gravel nor the creation of any reclaimed lake boundary shall be permitted nearer than 100 feet to the South Platte River. 14. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. 15. "No Trespassing" signs shall be posted and maintained on the perimeter fence to identify the boundaries of the site. 16. No excavation or processing shall occur within 10 feet of the boundary of an adjacent property, easement or irrigation ditch. 17. No excavation or processing shall occur within 125 feet of any existing off-site residence. 18. Excavation generated traffic shall utilize the approved haul road, Colorado State Highway 52 and shall maintain compliance with the appropriate improvements agreement if any for the Holton Lakes Sand and Gravel Pit. 19. Lighting provided for security and night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 20. The site shall be maintained in such a manner to prevent soil erosion, fugitive dust, and the growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well-kept appearance. 21. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 22. Where topsoil is removed, sufficient arable soil shall be set aside for spreading over the reclaimed areas. 23. The operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Zoning Ordinance. 24. The operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Zoning Ordinance. 25. Personnel from the Weld County Health Department and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property to comply with the Development Standards stated herein and all applicable Weld County regulations. 26. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The operator shall be responsible for complying with all of the foregoing Development Standards.Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 5.0 MINING PLAN AND OPERATIONAL STANDARDS 5.0 MINING PLAN 5.1 General The proposed Holton Lakes Sand and Gravel pit is anticipated to affect approximately 204 acres of land located on either side of the South Platte River. The aggregate deposit consists of alluvial sand and gravel overlain by topsoil and overburden. The topsoil layer and overburden layer will range from four to 6 feet in thickness, while the sand and gravel deposit is 15 to 25 feet thick. The deposit is underlain by bedrock shale. The maximum depth of excavation will be approximately 30 feet. The alluvial groundwater level lies approximately 3 to 5 feet below natural ground level. The deposit is therefore classified as a wet alluvial deposit. However, the sand and gravel deposit will be mined dry once the each mining stage has been de-watered. The sand and gravel deposit is cataloged in the report Sand, Gravel and Quarry Resources, Colorado Front Range Counties (Colorado Geologic Survey, 1974). An estimate of overburden and resource volumes for the property is as follows: Northwest Northeast Southeast Southwest Mining Stage (Stage 5) (Stages 1 & 2) (Stage 3) (Stage 4) Overburden(yd) 360,000 120,000 285,000 390,000 Resource(tons) 3,300,000 1,100,000 5,200,000 2,600,000 5.2 Mining Method Dry mining techniques will be used. Initially, a dewatering ditch will be excavated around the perimeter of each mining stage and groundwater recovered in the dewatering ditch will be discharged to the South Platte in accordance with Colorado/NPDES discharge permit regulations. Prior to dewatering mining stages 3, 4 and 5, a soil-bentonite slurry wall will be installed around the perimeter of each mining stage. Once the slurry wall in place the stage to be mined will be de-watered and mined. With the slurry wall in place prior to pit de-watering, adverse impacts to nearby groundwater wells will be avoided. r Topsoil and overburden will be placed in temporary stockpiles within the mining area limits. Topsoil and overburden will be salvaged and stockpiled separately. Approximate topsoil and overburden stockpile areas are shown on the Mine Plan Map. The deposit will be mined using scrapers and front-end loaders. Excavated sand and gravel will be discharged to a field conveyor system for transport to the on-site processing plant located in the north half of Stage 5. Additional conveyors may be used inside the mine areas to facilitate transport of the resource. Primary access to the Holton Lakes operation will be via an existing farm road from Colorado State Highway 52. In addition, operational access to Stages 2 and 3 will be via an existing farm road from Colorado State Highway 85, which will be used for mining equipment, service vehicles and employee access only. Haul trucks to and from the site will use Highway 52 only. The Highway 52 access road intersection with will be upgraded per C-DOT approved specifications and design. 5.3 Mining Schedule Mining is currently projected to occur at the rate of approximately 1.0 million tons/year. Based on an estimated reserve of 12 million tons, mining will be completed in approximately 12 years from the start of operations. Mining is currently projected to commence in 2010. 5.4 Surface Water Management All mine areas will drain internally. Uncontrolled releases of surface water and sediment from mining areas will not occur. Storm water collected in the open pit will be managed in accordance with Colorado/NPDES discharge permit requirements. Sediment generated from localized storm water runoff and surface drainage will be detained in the ponds created by the proposed mining operation. 5.5 Disturbance Areas Disturbance areas associated with the Holton Lakes Pit are estimated as follows: Mining Area Acres Stage 1 9.0 Stage 2 24.2 Stage 3 75.3 Stage 4 42.5 Stage 5(Including Processing and Concrete Plant) 52.6 Total Project Disturbance 203.6 Total Permit Area 298.5 The maximum area that will be disturbed at any point during the operation will be approximately 110 acres. HOLTON LAKES SAND AND GRAVEL PIT MINING AND OPERATIONAL STANDARDS 1. No excavation or processing of sand and gravel shall be permitted nearer than ten (10) feet to the boundary of adjacent property, irrigation ditch, or easement, nor nearer than 125 feet of an existing residence unless by written agreement the owners of such adjacent property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than the above when justified. 2. All sand and gravel and concrete plant operations shall be conducted during the hours of daylight except in the case of public project or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive offices or repair or maintenance facilities located on the property. 3. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjacent property. 4. Existing trees and groundcover along public road frontage and drainage ways shall be preserved, maintained, and supplemented if necessary for the depth of the setback. 5. All means of access to the property from any street shall be located and designated as to avoid the routing of vehicles to and from the property over streets that primarily serve residential development. 6. All access roads from the sand and gravel and concrete operations to public highways, roads or streets shall be paved or otherwise treated to minimize dust conditions of all parts of such access roads that are located within one-fourth mile of the public highway, road, street, or adjoining residential structure. 7. Prior to the start of mining,the property shall be fenced with three-strand barbed wire in order to keep out livestock from adjacent properties. In addition, chain link fencing will be installed along the south boundary of Colorado Highway 52 and along the west boundary of Colorado Highway 85. The perimeter of the property will be posted with"No Trespassing" signs. 8. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation. 9. Rock crushers, screens, feeders, conveyors, concrete plant and all accessory facilities and equipment, as well as the exportation by conveyor of sand and gravel materials to adjoining, surrounding or nearby properties will be allowed. However, the operation of the concrete plant shall be subject to any additional conditions required by the Planning Commission and/or the Board of County Commissioners. The concrete plant shall meet the requirements of Article III, Section 23-3-40 of the Weld County Code 10. Conveyors, field hoppers, and similar accessory facilities and equipment, as well as the conveyance of sand and gravel materials from adjoining, surrounding, or other properties will be allowed. 11. The operator shall furnish evidence they are insured to the extent of not less than $100,000.00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto. 12. The use will not cause injury to vested or conditional water rights. In the event that the use may cause injury to vested or conditional water rights the applicant will either present 1) an agreement with the appropriate water conservancy district or water users group; 2) a plan of exchange or Substitute Water Supply Plan approved by the State Engineer or; 3) an Augmentation Plan approved by the District Court for Water Division No.1 which prevents injury to said water rights. 6.0 DMR&S RECLAMATION PLAN AND USR STANDARDS 6.0 DRM&S RECLAMATION PLAN 6.1 Post-Mining Land Use The entire Holton Lakes Sand and Gravel Pit are located in the 100-year floodplain of the South Platte River. Weld County Department of Planning Services considers land located in the 100-year floodplain to be suitable for agriculture, recreation, and wildlife uses. The post-mining land uses as proposed in this Reclamation Plan include developed water storage, passive recreation, and wildlife habitat. These uses are compatible with the surrounding land uses and with the Weld County planning goals. In order to minimize surface disturbance at the Holton Lakes Pit, mining and reclamation will be conducted concurrently to the greatest extent practicable. The operator will concurrently reclaim pit wall areas in locations where mining has been completed. Reclamation, including regrading and seeding will be completed in 2 to 3 years following the completion of mining operations in Stages 3, 4 and 5. Stage 2 will be reclaimed over the life of the mine and Stage 1 will be backfilled after Stages 3, 4 and 5 have been reclaimed. Stage 1 will be backfilled to approximate pre-mining elevations in order to provide the owners with the greatest degree of land use options following reclamation. Stage 2 will be backfilled, over the life of the mine, with wash fines from the sand and gravel processing plant. Wash fines will be pumped from the processing plant on the west side of the South Platte River to stage 2 on the east side of the River and used to backfill each of the three cells that comprise this stage. The goal of the reclamation plan for stage 2 is to enhance the wildlife habitat diversity of the river corridor. Stages 3, 4 and 5 will be reclaimed for developed water storage. Preliminary calculations indicate that approximately 4,000 acre-feet of water storage can be created with these three stages. 6.2 Reclamation Measures—Material Handling Site reclamation measures are illustrated on Exhibit F. Reclamation of the site will include creation of three slurry-sealed pits. All pit walls will be regraded using stockpiled overburden. Pit perimeter slopes will be no steeper than 3H: 1V. Topsoil will be spread over the surface of the regraded slopes in all areas above the post reclamation water storage elevation, and the topsoil-covered surfaces will be revegetated. Disturbed areas associated with site access and the existing conveyor will be scarified, covered with topsoil, and revegetated. Site grading will be performed to create stable topography that will be consistent with post-reclamation land uses. Reclamation quantities and costs are summarized in Exhibit L. 6.3 Water Because overburden and mine materials are inert, adverse impacts to local surface water or groundwater quality are not anticipated. The Applicant will comply with all applicable State water quality laws and regulations. 6.4 Wildlife Presently, Stages 4 and 5 are used for livestock grazing. Stages 1 and 3 are used for agricultural production and Stage 3 is fallow. There some indigenous wildlife species that inhabits the Holton Lakes property that will likely be displaced by the proposed mining activities. See the Wildlife Resources Assessment prepared by ERO Resources found in the Appendices to this permit application. 6.5 Topsoiling Soils on the Holton site consist of Weld-Colby, Loup-Boel and Dacono clay loam. These soils will be stripped and stockpiled during overburden removal, and retained for replacement during site reclamation. During reclamation, topsoil will be spread over areas to be reclaimed. Topsoil stockpiles will be protected from erosion and other damage by best management practices. 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. SCS soil fertilizer recommendations, if any, will be followed. r 6.6 Re-vegetation Following topsoil replacement, reseeding will be performed according to SC S recommended practices. Based on SCS guidance for other local projects having similar soils,the following re-vegetation 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. • The proposed seed mix and application rates in pounds of pure live seed per acre are described on the following pages. • If necessary, critical areas may be covered with straw or hay mulch to control erosion during germination. • Weed-control practices will be implemented as required. The above procedures may be modified as conditions dictate. In areas that are peripheral to the Stage 2 wetlands, marsh and aquatic plants will establish themselves. The types of wetland plants anticipated to colonize Stage 2 include cattails, willows, cottonwoods, and bull-rushes. 6.7 Buildings and Structures Prior to the completion of mining Stage 5,the sand and gravel processing plant and ready mixed concrete plant will be removed along with all associated structures such as equipment repair facilities and related structures if any. As mining in Stage 5 is completed, all field conveyors will be removed including the wash water pipeline from the processing plant to Stage 2. Finally, the scale house and administrative building will be removed along with any other related structures. The overland conveyor system required for transport of sand and gravel to the process area is portable. 6.8 Proposed Seed Mixes Seed Mix for Upland Areas (Reseeding) Species Common Name—Variety Rate* PLS lb/ac GRASSES Agropyron dasystachyum Thickspike Wheatgrass—Critana 1.7 Agropyron smithii Western Wheatgrass—Ariba 2.4 Agropyron trachycaulum Slender Wheatgrass— San Luis 0.05 Andropogon gerardii Big Bluestem—Pawnee 0.5 Bouteloua curtipendula Sideoats Grama—Butte 0.8 Bouteloua gracilis Blue Grama—Alma 0.2 Buchloe dactyloides Buffalograss—Top Gun or Native 2.9 Panicum vrgatum Switchgrass—Nebraska 28 or Trailblazer 0.4 Poa ampla Big Bluegrass—Sherman 0.2 Poa canbyi Canby Bluegrass—Canbar 0.1 Schizachyrium scoparium Little Bluestem—Blaze 0.6 Stipa viridula Green Needlegrass—Lodorm 0.6 FORBS Achillea lanulosa Western Yarrow—Native 0.02 Linum lewisii Perennial Blue Fax—Appar 0.1 Rudbeckia hirta Black-eyed Susan—Native 0.03 10.60 *PLS =Pure Live Seed; Rates shown are for drill seeding; if broadcast seeded, rates should be doubled. Stage 2-Wash Fines Basin Seed Mixture Scientific Name Common Name Alisma subcordatum Water Plantain Asclepias incarnata Swamp Milkweed Bidens cemua Bur Marigold Mimulus ringens Allegheny Monkeyflower Penthorum sedoides Ditch Stonecrop Rudbeckia laciniata Cutleaf Coneflower Sagittaria latifolia Common Arrowhead Verbena hastata Blue Vervain Carex stipata Awl-Fruited Sedge Carex vulpinoidea Fox Sedge Elymus virginicus Virginia Wildrye Eleocharis species Spike Rush Glyceria striata Fowl Manna Grass Juncus effusus Soft Rush Juncus tenths Path Rush Juncus toneyi Torrey's Rush Leersia oryzoides Rice Cut Grass Panicum virginicum Switchgrass Scirpus validus Softstem Bulrush Spartina pectinata Prairie Cordgrass Cover Crop: Common Oats,Annual Rye, Redtop This mix is composed of tenacious species that can tolerate areas that are inundated periodically by water. Planting rate: 32 lbs. /acre F.O.B.Arvada Colorado See mix is subject to seed availability. Applewood Seed Company 5380 Vivian Street Arvada CO 80002 Ph(303)431-7333 Fax (303) 467-7886 RECLAMATION STANDARDS 1. Final Reclamation shall be consistent with the Reclamation Plan approved by the Colorado Mined Land Reclamation Board. 2. Following the completion of mining operations and reclamation activities the subject property shall be left in a safe condition. 3. All excavated areas graded in substantial conformity to the end land use proposed in the approved Reclamation Plan. 4. Consistent with the approved Reclamation Plan,the subject property shall be graded and re-vegetated so as to minimize erosion insofar as is practicable. Grading shall be accomplished in such a manner that storm water runoff does not cause erosion in excess of pre-mining levels. Increases over historic flows are allowed only to the extent that such increased flows do not adversely impact uses or lands affected by such flows. 7.0 DMR&S RECLAMATION PLAN MAP .eM ME,. , E.i A - 0 STATE - �f-^q.+ I na on `�J rff��/ • I/0;# ,,!,..e."1, '-4 ..,:y'•• • eebe.W • Qs loss 'NIS, il i 1' .1.: t::- • Soled • ) 7 .-1t� 4 .11 aa�Mel beie•30 feel NMI gab Sem f f: / I, Madams . q; `4 / Ale' 1 114 `� t It , 4.:-•- %;`:....,:`,..s. • // �i 1 V t tip' ff t� f ' 4,,,,„,,,0: 47. ,-.. ,'' '01r"61:.4.4:\.-4'''',!--'1-,. -----., -. .- _..-... .... -.. .\.. .. -, s. ,itv, ,3 "Wan PORT 111.,On.w la Y c%nk f 1�' sealed Pa };; l , ' 3br Sew I. 1, Typal QpN.SO Foe .gip 'V' ' r 4 I : . . . hiv :3 ' .: ,i\i r ,-"t . ( [i 111:, y 1 io......1.t''t '1.‘.:,. : i'ti� BREW. r\ f� S e 2 • MEW Pe wf3:1 lido flew Y tiVd aph-l0 Fwt Se .oaw 1.N.''.----. ' \ 1- .X ae6lmKian Thee I..Y• IJ ,'.� a Are. Arms t t. •• ••• _ Wildlife Habitat At AL % _ 6 - sealed alt H60.s AL kb e �� l i U..,l.Q11Wd Loh- 44% it {', f Tall' I Wad A6. - 7! 11 T t .. ' ' 4, `,, • • T , MM IM ILA TIM MIA LEGEND - — .,... .P..r sum lanamassol -._........ as,_,... OMMIllgi .e.ra..-.... W.r.Am...MIA v I I MAIM A,nlosE�'yrrlurt "1O°"' HOLTON LAKES ..wt ..eo.6b, HAmv_IJ_cose - s.Hw w DRM&S PERMIT#2007- READY NIXED CONCRETE CO. N.t...—r+ Irrrb.4ar o. ,...40 w" 7 4 11565 BRIGHTON ROAD .O.6ee 1303 3011 w.M.b O.. 9411 TIRE_ mar.iar.m I�Ml�t EE, . TM O1 60601 30306 E{pa p RECLAMATION PLAN-EXHIBIT"F" 30s-6S3-owo (S03l.«-6602 OWat I'— . , ,-. 7 10.0 WELD COUNTY ROAD ACCESS INFORMATION WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 1111 H Street,P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )3564000, Ext. 3750 Fax: (970) 3046497 Road File#: Date: RE# : Other Case#: 1. Applicant Name Ready Mixed Concrete Company Phone ( 303) 659-0630 Address 14585 Brighton Road cityBrighton State CO Zip 80641 2. Address or Location of Access 13000 Colorado State Highway 52 Section 6 Township 1N Range 66W Subdivision Block Lot Weld County Road #: N.A. Side of Road Distance from nearest intersection) 700 feet 3. Is there an existing access to the property? Yes X No #of Accesses 2 4. Proposed Use: ❑ Permanent ❑ Residential/Agriculturalki Industrial Temporary ❑ Subdivision ❑ Commercial ❑ Other •1lHfxttlff•.f•f!f•Mi**M*-*********••"ffM••!•••iY•t!•••t•••.*****exfNHftfMnte*********miens*t 5. Site Sketch Legend for Access Desc6ption: AG = Agricultural RES = Residential O&G = Oil&Gas Co ore o Hi• a 52 D.R. = Ditch Road 0 = House ❑ = Shed A =Proposed Access AG A = Existing Access NT co OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Inforrnation Insufficient Reviewed By: Title: 11 17.0 OIL AND GAS AGREEMENTS Ready Mixed Concrete Company (Applicant) and Holton Family, LLC (Owner) are prepared to negotiate a Surface Use Agreement with Kerr-McGee Oil and Gas Onshore LP (Mineral Leasehold Owners). The Applicant will provide a copy of said Surface Use Agreement to Weld County if and when an agreement is executed by all parties. 18.0 DITCH AND IRRIGATION EASEMENTS There are no ditch or irrigation structures on the Holton Lakes property that will be affected by the proposed mining and reclamation plan. Therefore, no ditch or irrigation agreements will be required in order to mine the property. r 20.0 IGA NOTICE OF INQUIRY ltit Notice of Inquiry I IInge Development within an Intergovernmental Agreement Urban Growth Boundary COLORADO Date of Inquiry: i_'Pit mt5oG Lei Planner. Town Referred to: }L•yC Gt., CTZ r4 Ordinance#: Name of Person Inquiring: Legal Description: Legal Parcel#: y411 -(.• 1-COoC:L') Property Owner. /Jv G IN FZV:v)5 ' t- L' Major Crossroads: :%It `4-.}1,7-C--( l ,/, Type of Inquiry: AAiGIC(2./i_ Id•L>Ct.-I'/Cc= S2L,�1. 6 1 c'I',vILFi— i-al.,c - The above person inquired about developing a parcel of land inside your designated intergovernmental agreement urban growth boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: :1X'-P L-1 t. Dam- i 5 i'r'!r �7' 4-- A C,NV LA--- S.Si i4 i $Cr- r'h'iI--ii i vvi f A9J7t i'i-i-lsr - k'c.- ,AvTA±:-,Yer; N1.\--' fJL- c,r E ski It /.i Town/City Comments: G~iy- d{ /--or-/ /01cri/ r'7 I -1441 , ,Jioper-hc r /-r/7tLcx 74, --)L/r C , / o Platteville, Dacono, Firestone and Frederick Intergovernmental Agreement: If the person applies to Weld County to develop the parcel, the Town/City of desires to have Weld County require a binding annexation agreement between the person and the Town/City of , which requires the person to annex the parcel to the Town/City upon the terms and conditions stated in the agreement. _1 P ,Mead, Kersey, Milliken, LaSallCFort L pton, and Dacono/Erie Intergovernmental Agreements: Has the person petitioned for the parcel to be annexed to the Town/City of r-r Gci 171 ✓ ? If so, what is the status of the petition? If not, does the Town/City of desire to have the person petition for annexation, or may the person apply to Weld County to develop the parcel without first petitioning to the Town/City of for annexation? Comments: • Signatc,/`cCpf Weld County Planner Signaturie of town/Ctty Representative �� White copy:Applicant; Yellow copy Town/City;Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. •?Weld County Planning Department 4x1555 N. 17th Avenue, Greeley,CO 80631 •?(970)353-5100,Ed.3540)t•(970)304-6498 Fax LAW OFFICES TELEPHONE(303)2962828 JOSEPH R.KING WHITE AND STEELE TELECOPIER(303)2963131 jkin0(dwsteele.com PROFESSIONAL CORPORATION 21ST FLOOR 950 SEVENTEENTH STREET DENVER.COLORADO 80202-2804 September 26, 2006 Shannon Crespin, Mayor City of Fort Lupton 130 South McKinley Avenue Fort Lupton,CO 80621 RE: Thomas and Mice Holton Our File No.: 12774-64652 Dear Ms. Crespin: This firm represents Thomas and Alice Holton. As you are aware, the Holtons submitted three Petitions for Annexation to the Fort Lupton City Counsel on May 3, 2006, for parcels of land described as Holton Lakes First, second and Third Annexations. On September 13, 2006, the Fort Lupton City Counsel approved an Annexation Agreement related to the Holtons' Annexation Petitions, which included terms and conditions which are unacceptable to the Holton. Please consider this letter as a formal withdrawal of the Holtons' three Petitions for Annexation filed with the City of Fort Lupton on May 3, 2006. Please call me if you have questions regarding my clients' position on this matter. Sincerely, Joseph R. King JRK/jrd cc: Thomas Holton From:: - Michael Hart To: Kim Ogle; Bruce Barker Cc: Tom Holton; Tommy Holton; Bill Timmons; Jeff Schwarz; Joe King IY'b: 9/25/2006 4:21:07 PM Sa.,ject: RE: Holton Lakes Sand and Gravel USR Thanks Kim: The Holtons and I will see you at 9:00 A.M. on October 9th at your Del Camino Office to discuss preparation and submittal of the Holton Pit USR Application. Regards, Mike —Original Message— From: Kim Ogle To: mjhart0l@earthlink_net;Bruce Barker Cc: Torn Holton; Tommy Holton; Bill Timmons; Jeff Schwarz; Joe King Sent: 9/25/2006 2:54:42 PM Subject: RE: Holton Lakes Sand and Gravel USR Section 19-12-50.C.1 of the Weld County Code states: Development in Urban Growth Area. The following shall apply to proposed Development in the Urban Growth Area: Von receipt of any proposal for Development of property then currently eligible for untary annexation to the MUNICIPALITY, the COUNTY will, in writing, notify the proponent of the opportunity for annexation and notify the MUNICIPALITY of the proposal. The COUNTY will not consider such proposal for Development unless the applicant or its predecessor has submitted a complete annexation petition and been denied said annexation by the MUNICIPALITY Board or electorate for a substantially similar development on the same property within the preceding twelve (12) months. The COUNTY may consider such a proposal if, after a period of seven (7) months from the date of filing of a complete annexation petition pursued in good faith by the applicant or its predecessor, the MUNICIPALITY has failed to approve or deny such annexation. Given your apparent good faith effort to bring the property into the City, it is staff Us determination that should your efforts fail to produce the preferred resultant, Weld County would accept your application for a USR for mineral resource development. Kim Ogle Planning Manager Southwest Weld Service Center 4209 CR 24.5 Longmont, CO 80505 720.652.4210 extension 8730 T 0.652.4211 Facsimile le@co.weld.co.us file://C:\Documents and Settings\Michael Hart\Local Settings\Temp\F2FB62FF-A4D1-4DDA-B7AB-... 9/25/2006 From: Michael Hart [mailto:mjhart0l@earthlink.net] Sent: Wednesday, September 20, 2006 4:49 PM To: IGm Ogle Cc: Tom Holton;Tommy Holton; Bill Timmons; Jeff Schwarz; Joe King Subject: Holton Lakes Sand and Gravel USR hun: On September 29, 2005 Tom Holton and I met with you to discuss Tom's plans to permit and mine sand and gravel from property owned by Tom and Alice Holton. While the property is located in unincorporated Weld County it is also in the City of Fort Lupton's Urban Development Area which gives the City the option to annex and permit the Holton property for sand and gravel mining. Last Wednesday night, September 13,2006 the Fort Lupton City Council voted at annex the Holton property subject to the execution of the City's Annexation Agreement. Among the terms and conditions of that Agreement is a requirement that the "Owners"pay an annual impact fee over the life of the operation to the City in the amount of 1%of the gross annual revenue from the sale of sand and gravel, which requirement is not acceptable to Tom Holton.The City has given the Holtons until October 4, 2006 to accept or,reject their conditions of annexation and withdraw their petition for annexation. The purpose of this e-mail is to confirm that if Holton rejects the City's Annexation Agreement and withdraws his petition to annex he will then be free to immediately apply to Weld County for Use by Special Review(USR) approval to mine his property. Assuming that to be the case, Tom and I would like to schedule a meeting with you at your earliest convenience to discuss how best to proceed with a USR Application. If this is not the case please advise accordingly. Regards, Mike Michael Hart mjhart01@earthlink.net file://C:ADocuments and Settings\Michael Hart\Local Settings\TempW2FB62FF-A4D1-4DDA-B7AB-... 9/25/2006 1 HART ENVIRONMENTAL P.O. Box 1303 Boulder. Colorado 80306 Phone: 303.144.6602 February 17, 2006 Mr. Kim Ogle Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Holton Farms, LLC Kim: As I am sure you know by now, the City of Fort Lupton has indicated that it prefers to annex the Holton property prior to sand and gravel resource development. Enclosed please find the "Notice of Inquiry"(pink copy) stating that the"City of Fort Lupton requests that the properties annex to the City". Mr. Tom Parko, planner for Fort Lupton, signed the Notice. I am in the process of preparing the annexation package and hope to have it ready for submittal to Fort Lupton next month. Please do not hesitate to call me if you have any questions regarding this letter or the enclosed. Sincerely, Michael J. (Mike) Hart End. Cc: Bill Timmons,ready Mixed Aggregates by: e-mail Griarmm�.HIMi A IJI,JddOICI,i L,in.i Li-1 Plauuvd ,.:.L I,P.,Gmi IkvJn P.rWHIn,, 7,1111,,,. igt(ffit L 1st Notice of Inquiry I C Development within an Intergovernmental Agreement Urban Growth Boundary COLORADO Date of Inquiry: 2.ca.'0 Planner. Town Referred to: L C1 t nth./„ Ordinance #: Name of Person Inquiring: Legal Description: Legal Parcel#: 141i - 1-CUOcL Property Owner f-K' Tzit,/ 1=1;4iG:b)> - y. c_ Major Crossroads: :)-It `i1/ c r fy, Type of inquiry. VtiI 46'2-A�- wt*i'i,4,„ L. c°%'�ti1Li_� dL C Ctu S7C..V _L The above person inquired about developing a parcel of land inside your designated intergovernmental agreement urban growth boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: A -P L-)t. iatsr i$ Jr Cts\'(j - 4t, )- 7�c'•i I,i (if W) &A-11:1 t — "C .L� �-�' L��' N\. r' f2 C- t-c 1'-Ai /(. /J Town/City Comments: L,/y- at far-/ /0/44/ /776 AX —7'L7' ilk ?ortoer-//c intrl.Lx 7<i, �i' III _ / ❑ Platteville, Dacono, Firestone and Frederick Intergovernmental Agreement: If the person applies to Weld County to develop the parcel, the Town/City of desires to have Weld County require a binding annexation agreement between the person and the Town/City of , which requires the person to annex the parcel to the Town/City upon the terms and conditions stated in the agreement. p Mead, Kersey, Milliken, LaSaliC Fort Lypton, and Dacono/Erie Intergovernmental Agreements: Has the person petitioned for the parcel to be annexed to the Town/City of r-r Lii rre--/y ? If so, what is the status of the petition? If not, does the Town/City of desire to have the person petition for annexation, or may the person apply to Weld County to develop the parcel without first petitioning to the Town/City of for annexation? Comments: _ 11, Signat f Weld County Planner Signature oftown/Cr1y Represbntative )) White copy:Applicant; Yellow copy: Town/City;Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. 4-Weld County Planning Department 4.1555 N. 17th Avenue,Greeley,CO 80631 4-(970)353-6100. Ext. 3540)4'(970)304-6498 Fax 4. Technical Brief— Soil-Bentonite Slurry Walls r- Soil Ben/to�n+ite SCHEMATIC SECTION THROUGH SB SLURRY CUT-OFF Slurry V ally Beckhoe Soil-Bentonite slurry walls Keys Trench are subsurface,non Ime clay ism _ Backfill structural walls that act as Placed -- \ barriers to the lateral Here \ ^.` flow of groundwater and J rr SOIL- water-borne pollutants. .c.w t sw.ry Level -- Soil-Bentonite(SB)cutoff walls ' n Sloug BENTONITE are constructed using the BentGnite Slurry swGgna SWRRY slurry trench technique and 1 Forward WALLS are composed primarily of soil ",•w,- _ - ` - ` - _ - and bentonite,a natural clay mineral.The principal advan- tages of SB cutoff walls are the low permeability of the wall �� ���� and their general suitability for Slurry walls are particularly characteristic of slurry cutoff both new and remedial appli- well suited for remedial appli- wall construction is the use of cations. cations. Usually,SB walls bentonite-water slurry which Brio can be constructed without allows excavation without the 4 APPLICATIONS disturbing the function or use of other lateral support. operation of existing facilities. Slurry cutoff walls are built by The soil-bentonite slurry excavating a narrow trench trench technique has been in use in the United States since CONSTRUCTION (24 ft. wide)while pumping in the 1940's.The early applica- The construction the slurry t and maintaining its e ppl sequence of level at or near the top of the tions of soil-bentonite walls the cutoff wall is the same trench during the excavation were for dewatering large ex- whether it is to be used to process. Usually,the trench cavations and as hydraulic cutoff groundwater or pollut- is keyed into an underlying barriers in dams and dikes. ed leachates.The major Recently, there has been a growing number of applica- tions of SB slurry walls for pollution control,particularly on projects where a positive • . - tar. at* . „-'^ leachate cutoff is required. - Recent advances in the capa- _ �1' bility of excavating equipment r.- _ and refinements in technique m f,,,, have brought the cost of slur ,� ry walls down.Slurry walls aiL t ' are now economically corn- - ` .c - petitive on projects where . . compacted clay cutoffs, • r leachate collectors, sheeting, ' '1 y I r. or well points would have a - previously been used. Some - '--terem i �s _. t�2G-Con typical applications are to: — r- ueotechniral Construction • Seal dams and dikes ..» +. Corporate One-Bldg. II • Contain sanitary and -• Suite 400 hazardous waste landfills - . .. - 4075 Monroeville Blvd. • Dewater structural exca- Monroeville, PA 15146 vations " . ++!! (412)856-7700 • Hydraulically isolate -� • 'i. - lagoons and holding ponds - _ % ;-e i•. 7 f Regional Offices: • Enclose oil and chemical - - t, CA(916)858-0480 tank farms -- �- j ' " FL (813)626-0751 • Intercept seepage from - - - �"�'- �.. TX(940)232-7662 383-1400 slopes a 7�r► k' -.,!'" ' NJ (609) • Contain oil spills V. .r • , - 91999 Geo-C xi _. aquiclude.The aquiclude make the operation continu- passing the No.200 sieve) build up behind the cutoff then forms the bottom and ous with relatively small correlated closely to permea- wall. In dewatering excava- the slurry wall the sides of the quantities of new slurry re- bility.Recent Geo-Con data tions the wall should be posi- containment.This narrow quired to keep the trench full has shown that the factors boned far enough behind the trench is then backfilled with and to mix backfill. affecting permeability are slope to ensure the stability of impervious materials to form more complex than originally the excavation. a permanent cutoff.When the DEsiGNthought and that the earlier In any permanent installation backfill consists of a mixture The characteristics of SB correlation is unreliable.The of a slurry cutoff wall, the abil- of soil and bentonite,the con- overall effectiveness of the ity of tine wall to remain in- struction work is called a soil- slurry cutoff walls and their wall depends both on the SB • bentonite(SB)slurry cutoff wall. usefulness in both dewatering backlit!and on the filter cake perv• ious to the underground and pollution control may be which is formed as slurry es- environment is always an im- On projects where the materi- evaluated by looking at the portant question.The materi- al excavated from the trench major design considerations copes into the surrounding als involved are bentonite soil.Although h the filter cake is suitable for use as ball, clay, mixing water,and soil. a slurry cutoff wall:permeability, (k< 10-9 cm/sec)is typically In situations which involve the SB system can be most strength,compressibility, ignored for design purposes, economical because of the compatibility,and durability. it does contribute to the im- clean water,these materials minimum amount of backlit] are indefinitely stable and no materials required.After the Permeability s usu e p ially thermeability of the"in situ" reduction in permeability is trench has been excavated most criticaldesigrnparameter. wall. experienced. However,if under a bentonite slurry, SB cutoff walls normally have The percentage of coarse- compatibility is in question more slurry is mixed with the a permeabilit less than 10—6Y grained particles has the because of the presence of soil adjacent to the trench.A cm/sec and occasionally as greatest effect on both certain pollutants,tests can bulldozer is used to work the low as 10—sari/sec•Improved strength and compressibility. be performed using the back- material to a consistency impermeability of an SB wall As the percentage of coarse- fill materials from the site and similar to wet concrete. It is is usually accomplished by grained particles increases, the actual groundwater.The then pushed back into the increasing the natural clay strength increases and corn- bentonite mix can then be ad- trench so that the backfill content or the bentonite corn pressibility decreases.While justed to provide a satisfacto- slo displaces the bentonite tent. Early research on soil- soil-bentonite backfill is semi-pe nspry solution for practically all slurry forward.Excavation bentonite indicated that the fluid when mixed,within a cases. and backfilling are phased to percentage of fines(material short time it takes a"set" and usually ends up at a Typically,the durability of the SB wall is unaffected by ° I I I I strength and consistency changes in hydraulic condi- o similar to the native soil. In lions.In order to design the heavily traveled areas which wall to resist piping,the gra- o'Appoionia and Ryan,1979 must be used before the wall dation of the SB backfill can o Silty Fines has had time to gain strength, be evaluated by filter criteria. r { O it is vide sualllly advisable to pro- irngs over the SB Usually,a well graded ball v { co is preferred. Since the wall is w {b O O c o wall. This will prevent buried,it is highly unlikely o damage to the wall and allow E that the wall will dry out and o I for unrestricted traffic.These crack.However,to prevent 10-7 \ a GO - m 9 _• crossings are usually con- desiccation, the top of the • structed of compacted da H \ °o • •• • steel plates, geotabrics, y, wall may be capped with day O \ • o • ••• or extra SB backfill. a • •• •o and/or reinforced concrete, a \ • • c % o o • •• depending upon the application. CONCLUSION W \ • • Under most conditions,the w \ • •s• • only strength requirement for Slurry cutoff walls are gaining a. • 1s • o • • SB walls is that they approxi- wide recognition for use in p \ • • •• • mately equal the strength of dewatering and pollution con- t- • •• the surrounding soil.Gradual- trol.They offer a cost effec- t- \ to-4 41M 0, - ly,as the water content of the five solution to many U • \ o'Appolonia and Ryan, SB backfill comes to equilibri- groundwater problems in new a •• 11979 clayey Fines urn with the surrounding soil, and remedial work.The econ- u' this requirement is met. omy,convenience and posi- t However,another considera- live control of groundwater c) tion which affects both the afforded by slurry cutoff walls strength and the stability of is bringing them acceptance •—CLAYEY FINES• I t the installation concerns the and application on an increas- O—SILTY FINES amount of pressure that will ing number of projects. 10-8 I • I I I I 0 10 20 30 40 50 80 70 80 90 100 %-200 SIEVE CONTENT 5. Aggregate Resource Evaluation by CTSI ,.1 Jan 27 05 10: 06a P• 1 Construction Technical Services, Inc. 3217 West Hampden Avenue Englewood, CO 80110 "41 Lab" Phone: (303)783-9965;Fax: (303) 783-9964 October 2,2003 Tom Holton 12032 Highway 52 Fon Lupton,CO 80621 Subject: Aggregate Property Evaluation CTS Project Number: TH 03-196 This letter presents the results of an exploration program, aggregate reserve analysis and preliminary water storage estimates for your Fort Lupton property. The 320 acre site is located in Sections 6 and 7, of T1N, R66W in un-incorporated Weld County. The property is bounded by Highway 52 on the north, Highway 85 on the east, and is bifurcated by the South Platte River flowing south to north. The land is currently being farmed for hay and pasture. For purposes of this analysis and probable future mining limits, the property is evaluated by four quadrants (northwest, southwest, northeast and southeast), as defined by the South Platte River and the Excel Energy electrical transmission line that crosses the property east to west. Exploration,Sampling and Testing Exploratory drilling occurred on July 19-21, 2003, with Layne-Western's dual-wall percussion drill (6-inch inside diameter). Drilling was supervised by yourself,and continuous samples were obtained for testing. The locations of the twenty-six drill holes are indicated on the attached map. The samples were later visually classified by CTS, and composite samples were field split from bucket samples of eight drill holes for gradation testing. Gradations of the various samples tested are listed in the attached Aggregate Gradation Summary, with the average property gradation presented below. Large cobbles were encountered during the drilling, as evidenced by the drill logs and some fractured cobble samples, but these larger materials could not be retrieved through the 6-inch drill stern. Samples were not tested for aggregate quality; however the South Platte River deposit has a history of producing acceptable quality products. Sieve 3" 1.5" 1" '/," /x" 3/8" #4 #8 ! #16 #30 #50 ! #100 #200 i 99 90 85 81 76 71 55 39 I25 15 8 4 3.2 The drilling logs for each hole are a compilation of the Holton field logs, Layne-Western field logs, and CTS visual classifications. Clay layers encountered were sometimes encountered during drilling; these clay thicknesses were deducted from the sand & gravel thicknesses reported. The drilling logs are also attached to this report. The results of the twenty-six holes are summarized in the table below: R•CTSbd.Cnmxei&Printe em HOB',Aspesem Reserve romHehen Aggregate Property EeMmianV2.tlee Jan 27 05 10: 05a r• Tom Holton—Fort Lupton Property'Evaluation TH 03-196 Aggregate Reserve Analysis and Preliminary Water Storage Estimate Drill Hole ' Quadrant Overburden Sand&Gravel Total Depth Drilled DH— 1 i Northwest 5 24 29 __ DH—2 Northwest 4 17 21 DH—3 ' Northwest 3 24 ! 28 DH—4 Northwest 4 16 I 22 DH—5 Northwest 3 19 122 DH— 6 Northwest 3 19 23 — DH—7 Northwest 4 24 ' 28 DH—8 Northwest 4 26 30 1 DH—9 Northwest 4 17.5 . 23 DH— 10 I Northwest 3 22 25 DH— 11 Northwest 3 22 25 DPI— 12 Southwest 5 24 29 DH— 13 Southwest 6 19 25 _DH - 14 Southwest 4 17 21 DH—15 Southwest 3 16 20 DH—16 Southwest 4 15 21 DH— 17 Southwest 2.5 19.5 22 DR— 18 Southwest 2 26 28 I DH- 19 I Northeast 5 25 , 30 ' DH-20 I Northeast 4 i 24 28 1)14-21 ' Northeast 4 24 23 DI-f—22 Southeast 2.5 27 29.5 DH-23 Southeast 3 26 29 101-1—24 I Southeast 1.5 31.5 33 i DH-25 Southeast j 2 28 33 DH-26 Southeast 3 ; 26 31 Average 33 j 22.3 26.3 Aggregate Reserve Estimate The quantity of sand and gravel was estimated for the four areas, as labeled on the attached drill- hole location map. The average thicknesses of overburden and net deposit (sand & gravel, less :lay lenses) were first determined from the various drill holes representing each area. The net recoverable tons per mineable acre for each area was then calculated, using a ten percent waste factor for stripping and processing. A probable effective mining limits is shown on the map, considering typical mining set-backs from major pipelines, roads and structures. The set-backs utilized are summarized below. • 200 feet from South Platte River • 100 feet from oil and gas wells • 100 feet from towers of the power transmission line CONSTRUCTION TECHNICAL SERVICES,INC. Jan 27 05 10: 06a A. 3 Tom Holton—Fort Lupton Property Evaluation TH 03-196 Aggregate Reserve Analysis and Preliminary Water Storage Estimate • 100 feet—existing width of easement of the power transmission line • Highways 85 and 52—75' from ROW fence(50' minimum at grade) • Big Dry Ditch—50 feet at grade • Oil Tank Batteries—50 feet at grade • Other property lines—50 feet(15' to slurry wall, 20' from slurry wall,excavation slope) The property is reported to consist of 320 acres. When comparing the Weld County Assessor's map with the CDOT Right-of-Way survey information we obtained, it appears the net useable property is approximately 313 acres. CDOT has a 60' wide ROW, south of the centerline of Highway 52, consisting of approximately 3.5 acres. CDOT's survey also indicates a triangular parcel of approximately 3.3 acres for the southbound on-ramp to Highway 85. The mining areas were based on the assumption that the minor on-site oil gathering lines will be relocated, and leaving well sites and tank batteries alone. Other areas of the property might be able to be mined, but were considered potentially mineable for the purpose of this evaluation, and are discussed below. The actual bank of the South Platte would require evaluation of normal high-water flows, compared to actual elevations. The six sand bars along the river might be determined to be outside the normal river channel. Similarly, the mining othets might be reduced to 100 feet, if sufficient river bank and/or pit side stabilization occurs(at some additional costs). The Big Dry Ditch might be relocated into a 100-foot wide easement adjacent to the south side of the power transmission easement. The houses in the property's northwest corner could be removed, to allow mining and increased water storage. Finally, the power company might allow mining and concurrent backfilling to grade of the 100 foot easement between towers. These potential mining areas, acreages and conesponding tonnages are summarized below. rPotential Mining Area Acres S& G Depth I Reserve Tonnage. MT East shore of Platte River 4.6 28.5 0.30 InWest shore of Platte River 6.5 22.8 0.34 Sand Bars 6.4 26.3 0.39 Big Dry Ditch relocation 2.3 24.7 0.14 Houses at NW property corner 0.8 28 0.05 Mining 100' wide,between towers 3.5 26.3 0.21 T— otals 24.1 - 1.43 The depth of water and acreage of the previously mined gravel mine in the northwest areas were measured. Based on these values, approximately 60.000 tons had been removed. This amount was deducted from the reserve estimates reported for the northwest area. Preliminary Water Storage Estimates Preliminary water storage was estimated,assuming 3' of freeboard, 3:1 reclaimed pit slopes, with water surface elevation controlled by the natural low point of each area. Elevations were obtained by a hand-held GPS reading at each drill hole location. The net water storage is also CONSTRUCTION TECHNICAL SERVICES,INC. Jan 27 05 10: 07a P. 4 Tom Holton—Fort Lupton Property Evaluation TH 03-196 Aggregate Reserve Analysis and Preliminary Water Storage Estimate summarized for the various mining areas. As requested, additional engineering options regarding water storage potential of the will be evaluated and reported separately. Northwest Southwest Northeast I Southeast Potential Mineable Acreage 60.9 41.1 19.7 72.9 24.1 Average Sand&Gravel Depth 21.0 19.5 24.3 ; 27.7 NA Product Tons/Mineable Acre 48,000 56,000 45,000 j 64,000 58,000 Recoverable Product Tons,MT 2.90 2.32 0.89 4.69 1.43 Net Water Storage,acre-feet 800 1500 300 11700 500 Conclusions The property should be expected to yield approximately 10.8 million tons (potentially 12.2 MT) of construction grade aggregates, from the 194 estimated mineable acres (potentially 218 acres). Preliminary water storage estimates (without perimeter elevation changes, or allowances for processing fines volumes) range from 3300 to 3800 acre-feet. Since the volume of the northeast mining area is approximately ten percent of the total mined volume (also equal to the assumed processing waste factor), this area might be best mined without a slurry wall, and hydraulically badcfilled to grade. A suitable land use requiring limited daily vehicle trips (for highway access)might be the best reclaimed land use of this part of the property. Please do not hesitate to contact us with any questions. Respxtfully submitted, Construction Technical Services, Inc. Stanley R. eters .: William S. Caires,CET • President Attachments: Aggregate Gradation Summary Drilling Logs Property Map(Drill Hole Locations and Mining Areas) Drill Hole Summary(Calculations) Aggregate Reserve Analysis(Calculations) r CONSTRUCTION TECHNICAL SERVICES,INC. • .r ---25.7.7",-, fir: III 3[iPA4' „�,. �fit.-r N WT' 4 T a'i-w yr - t ` w C7 , m - � (n?CC fY!i�G 'YhN ill O : rP .as , C M W s IQ iba , x F« <4OIll 4n1 " -0 el �m m,_ o f'c y i �, x ' r•'' 4 ),-w-1j 17w'J'F y .r".4:{ a4nA dl 1 yiR , .' �,z ,c I v:r(4,-,,,, ,;,',7-40)., "r.'a. ,SY `'4 ,gar pJ .,, p W k dr,L t ^ I Z i x � coW � " 7 , .I W S E., x _mss W I 'yam 3 W Q .C , ', + e I wm gi m �$#A4n: P f� W W occ - ! l- = cc a ma 0 P :i I W Kc I ..' a 2 w4. d `.I be, cv-ThQ � EX rco .. a`�.' \. I i • _ 8 y . r wW❑ p '- � Z O W ".. W V, Z ..C in J Cl) y P W C ¢ 1 Z LL J 1 � w s N (9 K Y R I ,y•— Z W O k. 1 o a 2 • O 6. Weld Re 8 School District Response rsttool Administration OfficeW www.ftlupton.k12.co.us dis� ~ 301 Reynolds Street Ph: 303 857-3200 _ Fort Lupton, CO 80621 Fax: 303-857-3219 fort lepton.coloratlo February 28, 2006 Tom Parko, City Planner City of Fort Lupton P.O. Box 148 Fort Lupton, CO 80621 RE: Holton Lakes Annexation Dear Mr. Parko: The above referenced proposed annexation requires the school district to comment concerning the impact to the district in regards to an estimate of the number of new students to be generated from the development and any capital construction costs that might be associated with the proposed annexation. As this annexation will not be for the purpose of developing new residential properties, the impact on the school district will be minimal and will not create additional students or increase capital construction costs . Therefore the district as no objection to the annexation at this time. We appreciate the opportunity to comment upon issues of interest to the School District. If you have any questions or need additional information, please do not hesitate to contact me at (303) 857-3210- Sincerely, / / / -1 , ' ✓L�vV 'V fynn c7. Warne Director of '_inancial Services Cc: Hart Environmental A community united for student success...college ready! Una comunidad unida para el exito de sus estudiantes... iListos para la universidad! • oral BORAL' Aggregates Weld County Planning Department BORAL AGGREGATES,INC. CREEtEY OFFICE 14585 Brighton Road Brighton,CO 80601 ill. 1 0 2007 Main:303-659-0630 Fax:303-659-7353 RECEIVED July 9, 2007 Mr. Gary DeWitt Region 4 Materials Engineer Colorado Department of Transportation 3971 West Service Road Evans, Colorado 80620 Re: June 29, 2007 Meeting Dear Gary: Mike Hart, Curt Parker and I want to thank you and Joe Intermill for taking the time to meet with us on Friday, June 29th. We felt that our meeting was useful in helping us gain a better understanding of CDOT's concerns related to Ready Mix Concrete Company's (Ready Mix) Holton Lakes sand and gravel mining and reclamation plans and what we can do to address those concerns. I trust our meeting was equally useful for you and Joe. As a follow up to our meeting, on Monday, July 2, 2007 Mike spoke to Erica Crosby with the Colorado Division of Reclamation, Mining & Safety (DRM&S) about our meeting and the various items that Ready Mix committed to CDOT to do and how best to incorporate those changes in the Holton Lakes Mining and Reclamation Plans. Because of Mike's conversation with Erica, we will make the agreed to revisions to the Mining and Reclamation Plans and get them to the Division and you next week. Specifically, Ready Mix has committed to make the following revisions that we discussed at our meeting last Friday: 1. In order to protect the setback area between the South Platte River and the north end of mining Stage 2-C, Ready Mix will install approximately 500 feet of riprap on the pit side of the north area of mining Stage 2-C. Riprap will be installed as soon a mining in the north end of Stage 2-C has been completed. Please note: Stage 2 will be backfilled over the life of the mine and re-vegetated (see enclosed photograph), which will serve to mitigate erosion due to flooding. The re-vegetated wash fines settling ponds shown in enclosed Pictures 1 and 2 are located adjacent to the west side of South Boulder Creek. Floodwaters from South Boulder Creek have previously inundated the backfilled area without causing any erosion damage. Other Boral Companies Include Boral Best Block LLC/Boral Construction Materials LLC/Ready Mixed Concrete Company Mr. Gary DeWitt July 9, 2007 Page Two of Five 2. In the event that Ready Mix is able to mine up to 200 feet from the South Platte River,the Company will install two (2) side channel spillways between the South Platte and mining Stage 2. One spillway will be constructed opposite the south end of Stage 2-A and one opposite the north end of Stage 2-C. The spillways will be constructed of poured in place concrete cut-off walls and riprap in a manner similar to the side channel spillway recently constructed at Aggregate Industries Thornton Pit, located on the west side of the South Platte River immediately south of East 104`s Ave. (see enclosed photographs 3 and 4). 3. Ready Mix will install the mining Stage 3 slurry wall at a minimum distance of 100 feet from the west right-of-way line of Highway 85. 4. Ready Mix will install the mining Stage 5 slurry wall a minimum distance of 100 feet from the west right-of-way line of Highway 52. 5. Last Tuesday,July 3 the company installed a ground water monitoring well along the west side of Highway 85,between the ROW and mining Stage 3, opposite the location of the east slurry wall for Stage 3. The company will collect monthly baseline ground water elevations opposite Highway 85 prior to the installation of the Stage 3 slurry wall and after the wall in installed. Ready Mix also installed a ground water monitoring well between the Highway 85 ROW and mining Stage 2. Ground water elevation data will be collected monthly at all monitoring wells. 6. Following installation of the Stage 3 slurry wall,the company will construct a cut-off ditch between the west ROW line of Highway 85 and the Stage 3 slurry wall. The cut-off ditch will be designed to carry water to Stage 2. This water will be incorporated into the reclamation plan for that stage. Regarding your concern about the operation of the Holton Lakes water storage reservoirs after the reclamation bond is released by the State, at this time we do not know who,what,where and how the reservoirs will be operated post reclamation. Water may or may not be discharged directly from the reservoirs to the South Platte River. In the event that the future operator of the reservoirs elect to discharge water directly to the River, at the very least we believe that the State Engineers Office, the Water Mr. Gary DeWitt July 9, 2007 Page Three of Five Commissioner for this section of the River and the U.S. Army Corps of Engineers would all likely be involved,to one degree or another, in determining the how, when and where water would be released to the River. Gary,please do not hesitate to call me at(303)668-1751 if you have any questions regarding this letter or any additional concerns that you have regarding our project. Sincerely, Bill Timmons G.M.Boral Aggregates Cc: Carl Mount,DRM&S Erica Crosby, DRM&S Kim Ogle, Weld County Mike Hart, Hart Environmental Tommy Holton Mr. Gary DeWitt July 9, 2007 Page Four of Five Re-vegetated 20-Acre Sand and Gravel Wash Fines Settling Pond Complex on South Boulder Creek tit 4,4 it "P h :8• ' 4,w,y. . ...ray. . 3 ' Picture 1 Re-vegetated Wash Fines Settling Pond Similar to Holton Lakes Stage 2 , � yw' '� ".'tin ,a�� ti,r 4+4"414Picture 2 Re-vegetated Wash Fines Settling Pond Similar to Holton Lakes Stage 2 r Mr. Gary DeWitt July 9,2007 Page Five of Five Side Channel Spillway at East 104th Ave. and the South Platte River 00000. ^"a tom.. . „.k } , x. t :• a`z S' . `tom - ..h, lkb Picture 3 Side Channel Spillway Crest,West of the South Platte River(Winter 2007). ft, il `* te. r5YT xF knbk u4' y � x ,s,',`, w fi . Picture 4 Side Channel Spillway Concrete Cut-off Wall,West of South Platte(Winter 2007). HART ENVIRONMENTAL P.O. Box 9303 Boulders, Color do 80306 Phone: 303.444.6602 Weld County Planning GREELEY OFFICE JUL 1 1 2007 July 9, 2007 RECEIVED Ms. Erica S. Crosby Division of Reclamation, Mining and Safety Colorado Department of Natural Resources 1313 Sherman Street,Room 215 Denver,CO 80203 RE: Ready Mixed Aggregates, File No. M-2007-008 Holton Lakes New 112 Application- Response to C-DOT Concerns Dear Erica: As you know,Bill Timmons, Curt Parker and I met with Gary DeWitt,Materials Engineer with Region 4 of the Colorado Department of Transportation (CDOT)and CDOT's consultant,Joe Intermill on Friday June 29, 2007. The purpose of our meeting was to discuss, in detail, CDOT's concerns related to the Holton Lakes sand and gravel operation. As you and I disci ssrd on July 2,2007, because of the CDOT meeting, Ready Mix has agreed to make certain revisions to the Mining and Reclamation Plans for Holton Lakes. Specifically,Ready Mix has committed to make the following revisions: 1. In order to protect the setback area between the South Platte River and the north end of mining Stage 2-C, Ready Mix will install approximately 500 feet of riprap on the pit side of the north area of mining Stage 2-C. Riprap will be installed as soon a mining in the north end of Stage 2-C has been completed. • Please note: Stage 2 will be backfilled over the life of the mine and re-vegetated (See enclosed photograph), which will serve to mitigate erosion due to flooding. The re-vegetated wash fines settling ponds shown in enclosed Pictures 1 and 2 are located adjacent to the west side of South Boulder Creek. Floodwaters ixgm South Boulder Creek have previously inundated the backfilled area*hone n causing any erosion damage. rn c 3rn (r r zr 1gy L7,2 o cc rat y So� '- 'l%ellnud;Bankasa W murreuraI rblmmanvenl Land Use Piamrirra kcclaru,,t or,Dc≤ra,: 3/Li -AL7?&Z/%ccl Ms. Erica Crosby July 9, 2007 Page Two of Five 2. In the event that the actual mining setback, for mining Stage 2 is between 100 and 200 feet from the South Platte River, the Company will install two(2)side channel spillways between the South Platte and mining Stage 2. One spillway will be constructed opposite the south end of Stage 2-A, and one opposite the north end of Stage 2-C. The spillways will be constructed of poured in place concrete cut-off walls and riprap in a manner similar to the side channel spillway recently constructed at Aggregate Industries Thornton Pit, located on the west side of the South Platte River immediately south of East 104th Ave. (See enclosed photographs 3 and 4). 3. Ready Mix will install the mining Stage 3 slurry wall at a minimum distance of 100 feet from the west right-of-way line of Highway 85. 4. Ready Mix will install the mining Stage 5 slurry wall a minimum distance of 100 feet from the south right-of-way line of Highway 52. 5. On Tuesday, July 3,the company installed a ground water monitoring well along the west side of Highway 85, between the ROW and mining Stage 3, opposite the location of the east slurry wall for Stage 3. The company will collect monthly baseline ground water elevations opposite Highway 85 prior to the installation of the Stage 3 slurry wall and after the wall in installed. Ready Mix also installed a ground water monitoring well between the Highway 85 ROW and mining Stage 2. Ground water elevation data will be collected monthly at all monitoring wells. 6. Following installation of the Stage 3 slurry wall, the company will construct a cut-off ditch between the west ROW line of Highway 85 and the Stage 3 slurry wall. The cut-off ditch will be designed to carry water to Stage 2. This water will be incorporated into the reclamation plan for that stage. Regarding CDOT's concern about the operation of the Holton Lakes water storage reservoirs after the reclamation bond is released by the State, at this time the Holton's do not know who, what, where and how the reservoirs will be operated post reclamation. Water may or may not be discharged directly from the reservoirs to the South Platte River. In the event that the future operator of the reservoirs elect to discharge water directly to the River, at the very least we believe that the State Engineers Office,the Water Commissioner for this section of the River and the U.S.Army Corps of Engineers would all likely be involved, to one degree or another, in determining the how, when and where water would be released to the River. Ms. Erica Crosby July 9. 2007 Page Three of Five Enclosed please find map Exhibits D (Mine Plan) and F (Reclamation Plan) for Permit#M-2007-008 (Holton Lakes). Exhibits D and F have been revised to reflect the changes described above. I will also send you a signed receipt form the office of the Clerk to the Weld County Commissioners as evidence that this letter and revised Map Exhibits D and F have been placed for public review. If you have any questions regarding this letter and the enclosed Adequacy Review Responses please do not hesitate to call me. Sincerely, Michael J. (Mike)Hart Enclosure(s) Cc: Bill Timmons, Ready Mixed Aggregates Gary DeWitt, CDOT Ms. Erica Crosby July 9, 2007 Page Four of Five Re-vegetated 20-Acre Sand and Gravel Wash Fines Settling Pond Complex on South Boulder Creek Picture 1 Re-vegetated Wash Fines Settling Pond Similar to Holton Lakes Stage 2 Pe✓'Lrrra '`Ma A m„m s '� u�.l4,,ar. � � e� i tr H a A 8 K �I 1, d ..t 'G"r�r mY it Picture 2 Re-vegetated Wash Fines Settling Pond Similar to Holton Lakes Stage 2 o.. Ms. Erica Crosby July 9, 2007 Page Five of Five Side Channel Spillway at East 104th Ave.and the South Platte River aim 4 is n6k.,M emu.. "�'S2•i�'.xm,p.o 4..�..°+r�. Picture 3 Side Channel Spillway Crest,West of the South Platte River(Winter 2007). W 14 f] J?b � l -0 ./b � SO� Y It �Si f � Picture 4 Side Channel Spillway Concrete Cut-off Wall,West of South Platte(Winter 2007). ❑a��r3. -,w_-.N.ry* � life v i ° *N 9, �", 'i Stage 1 h �� � YEr/ .l_ .1 `. • .�1 _ .'r h � I � �I / �_ / i - •'. r� Sta•e2EI a°s F S •ages a�,...�. J • P 4011$ �✓ � �, / rte ~ yi Sta a 2--`jc II. w. / • J,O� �St�.e2 • I se '�� li ...".. r 11�.i,112 4 ;1 , „ \ Stage 3 , II S , m § Gi o �U d 1`l44 lit" h� .e� j , 0s' 1 - ✓'-,I I�' ��1' a f \ t... 7,5 �� . .. K Stage 4 0 M q� ; : `: 7ITili! 1. I m. r `. \ � h' \ �. �, k u saewc�uwml�awnortui Ii! a y NSW s i el 1 \1 Ito w4rw ISM I Clos010, r LEGEND s•• _ ____ E 0 0000000 00000 ®r 0k- —..... 0000000 00 r "'°"' HOLTON LAKES 0000 '.' 'r 00 �.e. R"nw�„ 00 DRM&S PERMIT#2007-008 READY 1403 C0NCRETEco_ �:-,�.,�„ i; � _" ��'� uermu. 14585 BRIGHTON ROAD .....c .we..u. .'... ®, MINE PLAN-EXHIBIT"D" a3) �I i.7........ ,.. .orcasaB.o umru«mz am,,,,-i rs, v - L ---.--. _,J U 11t..iti itiod 16' ill.,___-_,=_.-..--g ‘Nt, it t II n �! 111 , ,if- xw \11 A_�.Tit:: - if r,,,, h, ril . 4 e _,,,,.____ a ,,,, A ,t,, It' - ----- ----- ele,, sa,l�o�m".wN. 1 1 k �ol y - ") Ilk* 0 ill jli%, .. ! I 4 Mandan Table ., VAla le Hate n AC 79k. L .dam I111AJ\ % \ ' •are nn LEGEND .�.. .. J os 11 t' rtfrur I • S mrc i: 7 i ! 11 ll »d .--/ ' at. Ai 0 C0.0555ERION Mn k "" rm"1. HOLTON LAKES P.P.."' W DRM&S PERMIT#2007-008 READYPC En CON TEO. r ^p+ ;�T(_)` ®"'° 7 14585 BRIGHTON ROAD '�`n- ten.®. RECLAMATION PLAN-EXHIBIT"F" .m1lw m.eosol I " u b sossssocso II Weld County Planning Department GREELEY OFFICE ■ SUN t 9 2.007 HART ENVIRONMENTAL P.O. Box 1303 Boulder, Colorado 80306 Phone: 303.444.6602 RECEIVED Adequacy Review Responses No. 2 Holton Lakes (112) Reclamation Permit Application Prepared for: Ready Mixed Concrete Company DBA Boral Aggregates .r- Prepared by: Michael J. Hart Hart Environmental • ti Boulder,Colorado rrn C) z 3 �v —o l� cn • -ri 0� a 0 co' June 20,2007 Wetlands Banking EnPironnrcrdal Manarlcnn•nr J+ • Lind ll'c P&rnniml ` l'U.. IC I' eV%L—ZJ kcc(aun Lion I)rsu;'i _ Holton Lakes Adequacy Review Response Number 2 June 18,2007 Listed below are the Divisions adequacy review comments,dated June 7,2007,for the Holton Lakes New 112 Application,File No. M-2007-008,and the Applicant's responses to the Divisions most recent comments. DRM&S Adequacy Review Comments and Applicant's Response as follows: 1. The Division was unable to locate the proof of notice to the Colorado Department of Transportation (CDOT). As required by Rule 1.65(2),please submit the proof of the public notice circulated to CDOT. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. Applicant's Response: The Applicant previously supplied the Division with"proof of notice"consistent with the requirements of Rule 1.6.5 (2). Rule 1.6.2(1 Xe)requires Section 112 permit applicants to mail or personally serve a copy of the notice specified in Rule 1.6.2(1Xd)immediately after the first publication of the notice to: (i) all"Owners of Record'of the surface and mineral rights of the affected land; and(ii)the"Owners of Record'of all land surface within 200 feet of the boundary of the affected lands. Rule 1.1(34)defines the term "Owner of Record'to mean"the owner or owners of a surface property interest shown on the records of the County Assessor as of the date of filing." Attachment A to this Adequacy Response is a certified list of owners of record according to the Weld County Assessor obtained for purposes of fulfilling the Rule 1.6.2(1 Xe)public notice requirement. Since CDOT was not on the certified list supplied by the Weld County Assessors Office, CDOT is not an"Owner of Record'as defined in Rule 1.1(34)and CDOT was not provided notice of the Section 112 permit application for the Holton Lakes project. Furthermore,the Division indicated that since CDOT"owns"a permanent manmade structure within 200 feet of what would be the affected land in this case,CDOT should have been noticed. This position is not supported by Rule 6.4.19. The Applicant has,however,notified CDOT,Attachment B includes copies of the letter,notice and return receipts). Therefore, while the attached confirms that notice of the application as specified in Rule 1.6.2(1Xd)has been supplied to CDOT,the Applicant both: (a) objects to the DRMS requiring such notice be made;and(b)it reserves the right to raise the issue at the pre-hearing conference for consideration by the pre-hearing officer and for consideration by the Board at any required public hearing. 2. Rule 62.1(2) requires that maps be signed by a registered land surveyor,professional engineer, or other qualified person. The revised maps submitted to the Division were not signed. Please resubmit a signed copy of the maps. Applicant's Response: All revised maps have been signed per Rule 6.2.1(2) and are included with this Adequacy Response. Rule 6.4.4 Exhibit D-Mine Plan 3. In regard to the topsoil and overburden piles, Exhibit D depicts the piles within each of the mining stages. Please explain if the piles will be stockpiled prior to mining an area, or if they will be stockpiled on the floor of the particular stage. In addition, the Division recommends that if piles will be stockpiled for longer than one year, they should be revegetated with the temporary seed mature. Please state the temporary seed mixture that will be used on piles and the rate and method to be applied Applicant's Response: Topsoil and overburden will be stockpiled on the surface of the active mining stage.The Applicant will seed stockpiles left in place for longer than one year using the following seed mix. PROPOSED SEED MIX FOR TOPSOIL STOCKPILE PROTECTION Scientific Name Common Name Variety' (pets lbi ) PERENNIAL GRASSES Agropyron dasystachyum Thickspike Wheatgrass Critana 4 Agropyron smithii Western Wheatgrass Arriba or Barton 5 Agropyron trachycaulum Slender Wheatgrass Pryor or Revenue 3 Bouteloua curtipendula Sideoats Grama Vaughn 3 Bouteloua gracilis Blue Grama Hachita or Lovington 2 Sporobolus airoides Alkali Sacaton 1 Schizachyrium scoparium Little Bluestem Blaze Availability may dictate the need for variety substitution 2 Pure Live Seed/pounds per acre;rates shown are for drill seeding; double rates for broadcast 4. The applicant states that the on site fuel station will be designed to contain 100%of all stored fuels and lubricants. Please further clam of the general construction plans for the fuel station (Le. concrete pads, berms) and how the structure will be secured to prevent movement of the facility in the event of a flood event. Applicant's Response: The fuel station will be a single concrete structure consisting of concrete walls and concrete floor secured with eight 36"concrete footings around the perimeter of the station. The dimensions of the fuel station will be 30 feet by 15 feet with 4-foot high concrete walls. .— Rule 6.4.5 Exhibit F-Reclamation Plan 2 5. The applicant provided a separate seed mixture for the reclaimed area of Phase 2. Please list the seeding rate of Phase 2- Wash Fines Basin Seed mixture in pure live seed per acre (PLS/acre)for each specie of grass or forb. Applicant's Response: DETENTION BASIN MIXTURE* Scientific Name PLS/Acre Common Name Alisma subcordatum 0.27 Water Plantain Asclepias incamata 0.27 Swamp Milkweed Bidens cemua 0.20 Bur Marigold Mimulus ringens 0.20 Allegheny Monkeyflower Penthorum sedoides 0.10 Ditch Stonecrop Rudbeckia laciniata 0.10 Cutleaf Coneflower Sagittaria latifolia 0.73 Common Arrowhead Verbena hastata 0.13 Blue Vervain Carex stipata 0.30 Awl-Fruited Sedge Carex vulpinoidea 0.73 Fox Sedge Elymus virginicus 0.30 Virginia Wildrye Eleocharis species 0.10 Spike Rush —. Glyceria striata 0.40 Fowl Manna Grass Juncus effusus 0.27 Soft Rush Juncus tenuis 0.23 Path Rush Juncus torreyi 0.20 Torrey's Rush Leersia oryzoides 0.20 Rice Cut Grass Panicum virginicum 0.10 Switchgrass Scirpus validus 0.53 Softstem Bulrush Spartina pectinata 0.07 Prairie Cordgrass Cover Crop: Common Oats (21.9 PLS/Acre), Annual Rye (6.08 PLS/Acre), Redtop (0.87 PLS/Acre) This mix is composed of tenacious species that can tolerate areas that are inundated periodically by water. Planting rate: 35.28 lbs.PLS/acre F.O.B. Arvada, Colorado All quotations subject to seed availability. 'Mixture may vary occasionally from the above listing due to availability of individual species. Price subject to change without notice. 3 --6. The Division will need to include a cost for installation of the slurry wall(s)around the various phases. Please inform the Division of the sequence of installation of the three slurry walls. For example, the applicant can provide a reclamation bond for the installation and maintenance of all three slurry walls, or provide a reclamation bond for the largest area to contain a slurry wall(or worst case scenario)with the commitment that other slurry walls will not be installed until the first one has been approved by the Office of the State Engineer(OSE) (or that the Division retain a 20%bond until approved by the OSE). Please refer to the Slurry Wall Guidance document located on our web page at http://mining.state.co.us/. Applicant's Response: Mining Stage 3 will be slurry sealed first,followed by slurry sealing of mining Stages 4 and 5. All three slurry walls will be installed prior to the start of de-watering and mining in a specific mining stage. Based on our conversations with you,the Applicant is aware that the Division has proposed two reclamation bonding options pertaining to the slurry wall installation. The Applicant has also reviewed the Divisions March 29,2000"Policy on Application Reviews Involving Sand and Gravel Pits"and proposes the "Regulated Construction Option"as provided immediately below. The Applicant will provide design drawings and specifications for the installation of the slurry wall along with a quality assurance/quality control(QA/QC)plan. These documents will be binding under the terms of the permit and,once approved,they will be subject to change upon approval from the Division. The Applicant will advise the Division of the slurry wall construction schedule and provide the Division with an"as built"construction report detailing the installation of the slurry wall, including narrative descriptions of any installation problems that occurred,and the results of any testing that was conducted under the approved QA/QC plan. The Applicant agrees to provide the Division with a statement from the QA engineer,or similarly qualified person,that the slurry wall was constructed in accordance with the approved plans and specifications. Based on the level of regulatory control over the installation of the slurry wall described above, the Applicant proposes to post bonding for repair and/or replacement in an amount equal to 20%of the total linear feet of slurry wall installed or approximately 2,200 feet. Rule 6.4.7 Exhibit G- Water Information 7. The Applicant proposes a temporary mining only setback from the South Platte River of 100 feet for Stages 1 and 2 and a 400 foot setback for Stages 3, 4 and 5. It is the Division's position that riverbank armor is required prior to mining for any portion of river bank where mining will occur within 400 feet of the riverbank. However, the Division may waive this requirement for those portions of riverbank that are currently stable, and are characterized by gentle bank slopes and well established riparian vegetation. The applicant states that for Stages 1 and 2 the 100-foot mining setback is "temporary"because following mining, the area will be backfilled to within 2 to 3 feet of the pre-mining surface. The Division reviewed the "Flood Hazard Permit Application Holton Lakes Sand and Gravel Pit"application and it is stated that Stages 1 and 2 will be backfilled to approximate pre-mining grades over the 8 to 10 year life of the mine. For Stage 1 a seven foot high flood control berm is located between the east side of stage 1 and the South Platte River. In addition, much of this bank is currently rip-rapped. However, the applicant will need to commit to immediately reclaiming the eastern bank of Stage I once mining in this area is complete. However for Stage 2, there is no flood control berm or extensive river armoring along the shoreline. In order to mine within 100 feet of the river in Stage 2, the applicant will need to commit to mitigation measures that contain a combination of the following suggestions; mining dry pit slopes at a maximum of 1:1, backfilling 4 the areas closest to the river before the corresponding spring runoff(April of the following year), and/or _. armoring reclaimed pit slopes in close proximity to the South Platte River with erosion control riprap. Inlet and outlet structures are noted in Stage 2, however, designs were not submitted for these structures. Please provide further information on the interim mitigation measure of the western slope of Stage 2 and provide the designs for the inlet and outlet structures. Applicant's Response: The Applicant commits to immediately reclaim the eastern bank of Stage I once mining in this area is completed,as provided in the second paragraph of Adequacy Comment# 7 immediately above. In addition,at this time the Applicant proposes a 400 foot mining setback from the South Platte River for Stage 2.(see Attachment C) As previously discussed with Division staff,the Applicant may, at some future date,seek a technical revision(TR)to the permit to reduce the 400-foot riverside setback for Stage 2. The Applicant will,at that time,provide the Division a detailed mitigation plan consistent with the above comments at the time that a TR is submitted to the Division. 8. Please be aware that any reduction of elimination of the ground water monitoring plan for the Holton Lakes site will need to be requested by the operator in the form of a revision to the permit and approved by the Division. Applicant's Response: So noted. 9. The applicant states, "If possible, the applicant will collect 12 months of data prior to the start of dewatering operations, but it cannot commit to delay the start of dewatering." In order to obtain a seasonal baseline of the groundwater elevations in the area, 12 months worth of water levels must be obtained. Applicant's Response: The Applicant will collect 12 months of ground water levels prior to the start of pit dewatering. 10. The applicant states, "If possible, the applicant will pump ground water from Stage 2 as part of the pit dewatering into an area adjacent to the trees opposite the southeast boundary of Stage 2." If the applicant is unable to pump water to the cottonwood trees from Stage 2,please state how trees will be protected from the adverse impacts of pit dewatering. Applicant's Response: The Applicant will pump water from Stage 2 to the trees in the area opposite the southeast boundary of Stage 2. 11. The applicant states that monitoring wells will be filled with sand and gravel and closed in conformance with the requirements of the OSE. Please further specify how the wells will be reclaimed in accordance with OSE requirements. Attached is a copy of the Water Well Construction Rules that may be of use. 5 Applicant's Response: All monitoring wells will be reclaimed in accordance with the requirements of Rule 16.2.of the Office of the State Engineer(see Attachment D). Rule 6.4.19 Exhibit S-Permanent Man-Made Structures 12. The applicant proposes to mine through gas/oil lines in Stage 5 and possibly relocate some utility lines. Until such agreement is submitted and approved by the Division, the applicant will need to maintain the 100' mining off-set distance from the gas and power lines. If such notarized agreements cannot be achieved during this review period, then a revision to the permit will need to be filed prior to relocating the structures. Applicant's Response: The Applicant will maintain a 100-foot mining set-back from gas and power lines until such a time as notarized agreements with the appropriate utilities are provided to the Division,or,consistent with Rule 6.4.19,an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by activities occurring at the mining operation is obtained. 13. It does not appear that the applicant and Kerr-McGee have entered into a Surface Use Agreement(SUA)for the site. Based on information obtained from other mining operations with oil/gas wells, a 150-foot mining off set distance from all existing oil/gas wells has been established not only for protection of the structures but also to allow access, storage and maintenance of the well. The applicant will need to either maintain a mining off set distance of 150 feet from all existing oil/gas wells,provide a notarized agreement to mine closer than 150 feet(SUA)as required by Rule 6.4.19 or provide a more through site specific geotechnical analysis that justifies the 100 foot mining off set distance. Please revise the text and maps accordingly. Applicant's Response: Rule 6.4.19 applies, in pertinent part,: "Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200)feet of the affected land..."The Division has no evidence to support any claim that the proposed Holton Lakes sand and gravel mining operation"will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred(200)feet of the affected land..."To the contrary, the administrative record indicates that the Applicant previously submitted a letter report to the Division prepared by Mr.M.Edward Glassgow,PE and Professional Geologist,addressing geologic slope stability at the Holton Lakes site in the context of mining,man-made structures and mining set-backs. Mr. Glassgow's report was prepared pursuant to the requirements of Rule 6.4.19(b). To date, Division Staff have not articulated any specific deficiencies with Mr. Glassgow's work,or his professional credentials. The Division's reliance on information from other mining operations is wholly inappropriate given the site- specific analysis the Applicant has supplied in conformance with Rule 6.4.19(b). 14. The applicant states that there will be a 50 foot off set from Highway 85 and Highway 52 from the established right of way. Due to the proximity of the pits to the highways, the 100 foot mining off-set will need to be established and maintained from the right of way of Highway 85 and 52. If the applicant intends on mining any closer to the right-of-way, then a more through site specific geotechnical analysis will need to be provided. Please revise the text and maps accordingly. 6 Applicant's Response: In a letter dated June 4,2007 that was supplied by the Colorado Department of Transportation (CDOT),to Erica Crosby, DRM&S,CDOT stated: "The Vicinity Map in the application package shows a buffer zone between the start of excavation and the adjacent CDOT Right-of Way. It shows fifty feet between the top slope of the excavation and US highway 85 ROW and one-hundred foot buffer between top slope of the excavation and SH 52. We consider these to be the minimum widths of virgin undisturbed Around needed between the excavation and the ROW in this area. No excavation, including the slurry walls should be allowed inside these buffer areas." As stated above in CDOT's words,the mining setbacks adjacent to State Highways 52 and 85 proposed by the Applicant are acceptable to CDOT. In addition,to meet CDOT'S "virgin undisturbed ground"criteria,the Applicant agrees to construct slurry walls outside the limits of the setback distances of 100 feet along Highway 52 and 50 feet along Highway 85. Based on this,there is no basis for the Division to ignore CDOT's express confirmation that(a)the Applicant's proposed set backs are acceptable and(b)that the Applicant is meeting the"virgin undisturbed ground"criteria CDOT articulated. Furthermore,as mentioned above,Rule 6.4.19 is predicated on circumstances"Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred(200)feet of the affected land... " The Division has no evidence to support any claim that the proposed Holton Lakes sand and gravel mining operation"will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred(200)feet of the affected land... " To the contrary,the administrative record in this case includes the letter report the Applicant filed with the Division,prepared by Mr.M.Edward Glassgow,PE and Professional Geologist,addressing geologic slope stability at the Holton Lakes site in the context of mining,man-made structures and mining set-backs. Mr. Glassgow's report was prepared pursuant to the requirements of Rule 6.4.19(b). To date, Division Staff have not articulated any specific deficiencies with Mr.Glassgow's work regarding mining setbacks and pit slope stability,or his professional credentials. In addition,the June 4,2007 CDOT comments do not contradict the Mr. Glassgow's report. 7 ATTACHMENT "A" CERTIFIED LIST OF OWNERS OF RECORD C AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 147106300002 THE UNDERSIGNED,states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was :ompiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, ittp://www.co_weld.co.us,and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature reiS .2OO Date Property Owners Within 500 ft. of Parcel* 147106300002 NAME I MAILING ADDRE53 I PARCEL IDENTIFICATION# PO BOX 887 A&W WATER SERVICE INC 146901400034 FORT LUPTON,CO 80621 11952 HWY 52 BLUNT ETTA E 146901000004 FT LUPTON,CO 80621 130 S MCKINLEY FORT LUPTON CITY OF P O BOX 148 147106000038 FORT LUPTON,CO 80621 5290 E YALE CIR#103 HEIN RICHARD 146901000087 DENVER,CO 80222-6927 5290 E YALE CIR#103 HEIN RICHARD 147106000004 DENVER,CO 80222-6927 12032 HIGHWAY 52 HOLTON FAMILY LLC 147106000044 FORT LUPTON,CO 80621 12032 HIGHWAY 52 HOLTON FAMILY LLC 147106300001 FORT LUPTON,CO 80621 11778 HWY 52 MORTON MARGARET V& 146901400090 FORT LUVION,CO 80621 11902 HWY 52 SANERIB DONNA L 146901000005 FORT LUPTON,CO 80621 WRIGHT INVESTMENT GROUP INC P O BOX 73 146901400035 i1e://C:\Documents and Settings\Michael Hart\My Docurnents\Boral\ loton Pit\Weld County USR\AF... 2/7/2007 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Shect Parcel: 147106000044 THE UNDERSIGNED,states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses,and the concspending Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www_co.weldco.us, and has not been modified from the original_ The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. • ignature AarrS 2t O F- Date Property Owners Within 500 ft.. of Parcel* 147106000044 NAME MAILING ADDRESS PARCEL IDENTIFICATION 11952 HWY 52 BLUNT ETTA E 146901000004 FT LUPTON,CO 80621 75 S GRAND AVE buTTON EDWARD R&RHONDA A 147106406002 FORT LUPTON,CO 80621 COLGROVE LARRY W RVCBL TRUST 12 445 MONTE VISTA CT INT& 147106400017 FT LUPTON,CO 80621 85 S GRAND AVE EDGAR TERRY GENE&CARRI LYNN 147106406003 FT LUPTON,CO 80621 130 S MCKINLEY FORT LUPTON CITY OF P O BOX 148 I47106000038 FORT LUPTON,CO 80621 6550 GUNPARK DR FORT LUPTON HOTEL MANAGEMENT LLC 147106400053 BOULDER,CO 80301 113 GRAND AVE GARZA OSCAR& 147106100014 FORT LUPTON,CO 80621 5290E YALE CIR#103 HEIN RICHARD 147106000004 DENVER,CO 80222-6927 12032 HIGHWAY 52 pLTON FAMILY LLC 147106300002 FORT LUPTON,CO 80621 12032 HWY 52 i1e://C:\Documents and Settings\Michael Hart\My Documents\Boral\Holton Pit\Weld County USR\AF... 2/7/7007 HOLTON FARMS LLC 147107000023 FORT LUPTON,CO 80621 95 S GRANDE AV 147106406004 LEE RICHARD E&JANET E FT LUPTON,CO 80621 , 6550 GUNPARK DR LUKAS FAMILY LMITED PARTNERSHIP 147106400052 BOULDER,CO 80301 216 BETH AVE MARTIN CLARA LEE 147106100041 FT LUPTON,CO 80621-1652 216 BETH AVE MARTIN CLARA LEE 147106100042 FT LUPTON,CO 80621-1652 11778HWY52 MORTON MARGARET V& 146912100044 FORT LUPTON,CO 80621 11778HWY52 MORTON MARGARET V& 146901400090 FORT LUPTON,CO 80621 C/O PDS TAX SERVICES NORWEST NATIONAL BANK COLO P O BOX 13519 147107000015 TRUSTEE ARLINGTON,TX 76094 5000 KINGSTON ST PEERLESS TYRE CO 147106100021 DENVER,CO 80239 110 WEST HILL COURT POWELL JOSEPH B 147106415011 FORT LUPTON,CO 80621 71 ICAHIL PL SITZMAN GERALD L&EVA CHRISTINE FORT LUPTON,CO 80621- 147106416007 1245 PO BOX 335 TEPHENSON JAMES G&JOSEPHINE ANN 147106406005 BRIGHTON,CO 80601 9500 CIVIC CENTER DR THORNTON CITY OF 147107000008 THORNTON,C0 80229 9500 CIVIC CENTER DR [fHORNTON CITY OF 146912000023 THORNTON,C0 80229 9500 CIVIC CENTER DR THORNTON CITY OF 146912000041 THORNTON,C0 80229 4520 COUNTY RD 27 WETHINGTON ELIZABETH ANN TRUST 247107100019 FORT LUPTON,CO 80621 POBOX73 ^� WRIGHT INVESTMENT GROUP INC 146901400035 FORT LUPTON,CO 80621 file://C:\Documents and Settings\Michael Hart\My Documents\BoralHolton Pit\Weld County USR\AF... 2/7/2007 . . v. ....v.u.iv.✓v r.....v v ....w.a --V- - -- AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 147107000023 THE UNDERSIGNED,states that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Aztvrzct, Date Property Owners Within 500 ft. of Parcel# 147107000023 NAME MAILING ADDRESS 'PARCEL IDENTIFICATION 655 S GRAND AV BACHICHA BEN E&HELEN L 147107107016 FORT LUPTON,CO 80621 735 S GRAND AVE L�NSON HERTHA I 147107107009 FORT LUPTON,CO 80621 745 S GRAND AVE BILLINGER BRADLEY& 147107107010 FORT LUPTON,CO 80621 635 S GRAND AVE BIRICLE WILLIAM P TRUST 147107107003 FORT LUPTON,CO 80621 BROWN SHIRLEY M 4699 HWY 85 147107100020 FT LUPTON,CO 80621 815S GRAND AV BROWN TODD R& 147107I07012 FT LUPTON,CO 80621 COLGROVE LARRY W RVCBL TRUST 1/2 INT 445 MONTE VISTA CT & 147106400017 FT LUPTON,CO 80621 CROWE JOEL B& P O BOX 10 147107100047 FORT LUPTON,CO 80621 650 S GRAND AVE I}EROZIER THOMAS O& 147107106005 FORT LUPTON,CO 80621 615S GRAND AV file://C:\Documents and Settings\Michael Hart\My Documents\BorallHolton Pit\Weld County USR\AF... 2/7/1007 ESPINOZA CESAR J&ROSE MARY FORT LUPTON,CO 80621 147107107001 PO BOX 148 FORT LUPTON TOWN OF 147107107015 FORT LUPTON,CO 80621 P O BOX 148 FORT LUPTON TOWN OF 147107105011 FORT LUPTON,CO 80621 140 W HILL CT FOX GARY W&KATHARINE A 147106415008 FT LUPTON,CO 80621-1414 640 S GRAND AVE GARDNER GERALD M& 147107106004 FORT LUPTON,CO 80621 740 S GRAND AVE GONZALEZ JOSE G 147107106010 FORT LUPTON,CO 80621 12032 HIGHWAY 52 HOLTON FAMILY LLC 147106000044 FORT LUPTON,CO 80621 40 KAHIL PL LARSON GLEN A& 147106413001 FORT LUPTON,CO 80621 705 S GRAND AVE MARTIN DAVID E&ELIZABETH A 147107107017 FT LUPTON,CO 80621 710S GRAND AV MC CLURE JEFFREY S &REBECCA A 147107106007 FT LUPTON,CO 80621 805 S GRAND AV MC ENDREE BURL G&JEANIE A 147107107011 FORT LUPTON,CO 80621 MC PHERSON DONALD ARTHUR&LUCILLE 810 S GRAND 147107106012 MARIE FT LUPTON,CO 80621 625 S GRAND AVE MEIER EDWARD J& MARY BETH 147107107002 FT LUPTON,CO 80621 820 S GRAND AVE MUSSELMAN GEORGE L 147107106013 FORT LUPTON,CO 80621 645 S GRAND AVE 4EB RONALD H 147107108001 FT LUPTON,CO 80621 645 S GRAND AVE VEB RONALD H& SANDRA L 147107107004 FT LUPTON,CO 8062I 4620 US HWY 85 )GILVIE KEN &LINDA J 147107100021 ^ FT LUPTON,CO 80621 ile://C:\Documents and Settings\Michael Hart\My Documents\Boral\Holton Pit\Weld County USR\AF... 27/2007 4620 US HWY 85 OGILVIE KEN&LINDA J 147107100022 FORT LUPTON,CO 80621 , 110 WEST HILL COURT WELL JOSEPH B 147106415011 FORT LUPTON,CO 80621 725 S GRAND AVE RODGERS BARBARA A FORT LUPTON,CO 80621- 147107107008 1214 700 S GRAND AVE ROTH KENNETH E& 147107106006 FORT LUPTON,CO 80621 830 GRAND AVE SALAS PATRICIA L&LOUIS A 147107106014 FORT LUPTON,CO 80621 3009 W LAYTON AVE SEARS IDA J ENGLEWOOD,CO 80110- 147107108002 6209 730 S GRAND AVE SILVER LYNN V 147107106009 FT LUPTON,CO 80621 71 KAHIL PL SITZMAN GERALD L&EVA CHRISTINE FORT LUPTON,CO 80621- 147106416007 1245 835 S GRAND AVE STILES MICHAEL A& 147107107014 FT LUPTON,CO 80621 720 S GRAND AVE THOMAS DAVID W 147107106008 FORT LUPTON,CO 80621 800 S GRAND AV THORPE JACK L&ANDREA P 147107106011 FORT LUPTON,CO 80621 203 ELIZABETH CT TOMOI DONALD D&DIANA L FORT LUPTON,CO 80621- 147107120005 1292 825 S GRAND AVE WELLS RICHARD A 147107107013 FORT LUPTON,CO 80621 4520 COUNTY RD 27 WETHINGTON ELIZABETH ANN TRUST 147107100019 FORT LUPTON,CO 80621 file://C:\Documents and Settings\Michael Hart\My Documents\Boral\Holton Pit\Weld County USR\AF... 2/7/2007 ATTACHMENT "B" C-DOT NOTICE HART ENVIRONMENTAL P.O. Box 1303 Boulder, Colorado 80306 Phone: 303.444.6602 June 14, 2007 Ms. Gloria Hice-Idler Colorado Department of Transportation Region 4 1420 2"d Street Greeley, CO 80631 Dear Gloria: The enclosed Public Notice is being sent to you because C-DOT owns property within 200 feet of the boundary of Ready Mixed Concrete Company's(RMCC)proposed sand and gravel mining operation known as Holton Lakes, which is located on the south side of Colorado Highway 52,west of Colorado Highway 85, on either side of the South Platte River. The location of the subject property is further described as part of the southwest one quarter of Section 6, and part of the northwest one quarter of Section 7, Township 1 North, Range 66 West in Weld County, Colorado. RMCC has filed a Construction Materials Regular(112) Operation Reclamation Permit Application with the Colorado Division of Reclamation, Mining and Safety. The Holton Lakes mining reclamation plan includes the construction of wildlife habitat and developed water storage. If you have questions about RMCC'S Reclamation Permit Application please contact the Colorado Division of Reclamation, Mining and Safety at(303) 866-3567,or you can call Mr. Bill Timmons, General Manager for Ready Mixed Aggregates at(303) 668-1751 or me,Mike Hart,at(303)444-6602 for further information. Sincerely, Michael J. (Mike) Hart Encl. Certified Mail#7005 3110 0000 8358 9783 Cc: Mr. Gary DeWitt, Certified Mail# 7005 3110 0000 8358 9790 FVNlemis Miaow F::pir:nnnra ial,l I.n:.;granrf Enid Llse Plmirinij PUBLIC NOTICE Pursuant to the Construction Materials Rules and Regulations of the Colorado Mined Land Reclamation Board, notice is given that Ready Mixed Concrete Company DBA Ready Mixed Aggregates, Inc., located at 14585 Brighton Road, Brighton, Colorado 80601,phone(303)668-1751, has filed a Construction Materials Regular(112) Operation Reclamation Permit Application with the Colorado Division of Reclamation , Mining and Safety under the provisions of the Colorado Land Reclamation Act for the extraction of construction materials, AKA sand and gravel. The site, known as Holton Lakes, is located in the southwest quarter of Section 6 and the northwest quarter of Section 7 all in Township 1 North, Range 66 West of the 6th Principal Meridian in Weld County, Colorado. The proposed future use of the land is wildlife habitat and developed water storage. Additional information and a tentative decision date may be obtained from the Colorado Division of Reclamation, Mining and Safety Minerals and Geology(DRM&S) at 1313 Sherman Street, Room 215, Denver, CO 80203, phone (303) 866-3567. Information is also available from the applicant's representative at (303)444-6602. A copy of the Reclamation Permit Application is available for inspection at the Office of the Clerk to the Board of Weld County Commissioners at 915 10th Street Greeley, Colorado 80631. Comments must be in writing and must be received by the DRM&S no later than, twenty(20)days from receipt of this notice by certified mail,by 4:00 p.m. Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise,truck traffic, hours of operation, visual impacts, effects on property values and the like are issues not subject to the jurisdiction of the DRMS. These subjects, and similar ones, are typically addressed by local government rather than the State of Colorado DRMS. Certified Mail# 7005 3110 0000 8358 9783 PUBLIC NOTICE Pursuant to the Construction Materials Rules and Regulations of the Colorado Mined Land Reclamation Board, notice is given that Ready Mixed Concrete Company DBA Ready Mixed Aggregates, Inc., located at 14585 Brighton Road, Brighton, Colorado 80601,phone(303) 668-1751, has filed a Construction Materials Regular(112) Operation Reclamation Permit Application with the Colorado Division of Reclamation , Mining and Safety under the provisions of the Colorado Land Reclamation Act for the extraction of construction materials, AKA sand and gravel. The site, known as Holton Lakes, is located in the southwest quarter of Section 6 and the northwest quarter of Section 7 all in Township 1 North, Range 66 West of the 6th Principal Meridian in Weld County, Colorado. The proposed future use of the land is wildlife habitat and developed water storage. Additional information and a tentative decision date may be obtained from the Colorado Division of Reclamation, Mining and Safety Minerals and Geology(DRM&S) at 1313 Sherman Street, Room 215, Denver, CO 80203,phone(303) 866-3567. Information is also available from the applicant's representative at(303) 444-6602. A copy of the Reclamation Permit Application is available for inspection at the Office of the Clerk to the Board of Weld County Commissioners at 915 10th Street Greeley, Colorado 80631. Comments must be in writing and must be received by the DRM&S no later than, twenty(20)days from receipt of this notice by certified mail, by 4:00 p.m. Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise,truck traffic,hours of operation, visual impacts, effects on property values and the like are issues not subject to the jurisdiction of the DRMS. These subjects, and similar ones, are typically addressed by local government rather than the State of Colorado DRMS. Certified Mail#7005 3110 0000 8358 9790 �/i , . a0 ! I j � f ! ! f2 |� ! G f 8 ! oo ! oo a oo |± ❑ o ■ , ) \ ! f . $ ` ` t � � k { � , 7 @ w .9 g {, ! r '2 l oow- N { ' &! G , ( ° ° G , & k ❑ o❑ « \ G - _ y 3 4 \ { 13, 52cts | /§ 00 g . i \ . l ±\ . 2 } } \ • # a c$/\ / / / z § = k �/\ } C - X ! { , , \ + X d 2 = ., cc I-1 } \ ) ! | } 4 G k . a | / 6 ; ( !f , � •f : { // x N LI [ ;f|«! . • S ;aa�! , / � i .1215, m $ !_ 13-O:m x / 2≥2} [ / x cA O Ig ! t \�)2k / t". / : a \ * ; 2 !0r.c0 $ * \ 3\;!f ( # : k E ® \ ! § « . e % @ ! . r-!;!;/ & \ . • 222002 2 } ! . \ \ \ oo002 , © k k / !- § ! ) ,� CO . Ot0 Z.2 ! ` \ r \ ! ; ) ■;E m , Om ! © w \ K ) ! CO m11 ` E § (�!!t ; : a m . a � ® / ± U $ / • . . / f / \ ) \ ! II CO( o,l ;« o � - ATTACHMENT "C" REVISED MINING AND RECLMATION PLANS �, "_ . , ... rF. , ( • t ' 3, MF o >� .. • o I`I`. - it ATE NI4WA• ww •sw....... . WT.. tiLitait 3I xrtE. as WL�w�.. (^ rf/�E �f �y�A` t - PARCEL'D'\T ' S� "� 7RT I. I e�f rt ��• RBI AE.aAcr%e F - y N1� . ` I f .4 f( '' ', 1cr —J V ',PARCEL A" ° y ' a . " r .E� \�I I ���: \<vac4rr` lU IFI r +I *2- 4 `yam' , I 1 Gt xxy At n It FIt ..—. II ° + y f-Iti" F I verr r%., - . ,,./ , • .,.. „,„.i.. .. ,..- r �'3+ � " PARCEL' 'C 4� �� ' f _� Amy ''h � •} " n4,xa„ ev.i £ R; 99+"'. N, , a I. - 44, Di\ it''%I. IV - O F MH T tt E • f i fir. P i. e v.- 3, r ix&t41/4 it `� �:� J 3 PARCEL 23" p.. • ' •. - . .,.'" _ a • IF{ "4 —n LT4•60"''''.e al •w.7.. a.':Y' ........ x5 I .0 • ' T . •,;.,S':::..-""�"_',.N.weo�.,'".1....�«moo T,jI* - .. I 1x I . a.Mwmt.....w....MfaM �"iwl.a.. ir f a '.' Ir'w '•'im.mvx . .N.......e LL" Y_ u +I: I.L. 'o..a..%"....s.,................... .. y, A,, c• I ►H , ALL ADJACENT PROPERLY OWNERS WITHIN 100 FEET �""^' LEGEND_"� RL a Xo "^ 0r 10•4 a .-- 4 ...". _ _ x ° ir .�� _ — � _ mil it' ,iji 'a',. "lae HOLTON LAKES r'.. ...ay ORM&S PERMIT it 2007-008 READY MEDCONCETE CO. arm .....~..0.+.... .. ^� 3 11565 Wtl9RON ROAD =.0 l n.m ADJ.PROP. OWNERS WITH AERIAL .eo.mL m.mw, N.P. Nn. .m. »9 W^^ _ I .-.. "7 PRE-MINING -EXHIBIT "C-311 wusPouP -.--.--- I>. -m . _ • i� V ,r-� -. a. J 1 VIII m . /. Tr.= Not aruum ..1 � r 40% +y \ p St •e2C $ •t stage S77........" IT '' y i /' yr_ 4rw DIY/ ♦��� \ Stage 3 1iVtJ' `• w f jiy ^--- ., I ye 1 - Z._ \ IWe ACM •4% Stage 4..... x A I� ► �eIYCBtR11M0B17LNBCRaf ! ) \ R.qy r ..--- r _a \ . e.r. u. l i / une � LEGEND r— k� I ._ i- ............... ♦ .ter."i+. ♦ ..r... r..a _ • ............. _ .aer rs •�. L.�••� raw... 'J tiea.T T a �..._ _ _ i,4•� .�R: HOLTON LAKES Nr.-. %TSbr Pa re .a, DRM&S PERMIT#2007-008 RED'MIXED CONCRETE CO. .............. ..,•.......... ""�" 6 14585 BRIGHTON ROM w. ". 6 9ER mlu: °..y gym •"••� a®. MINE PLAN-EXHIBIT"D" N=9nGua wm N>. •9)`� °' msusna Twe...vo= emadveet a 1, n ' (1 V rte .I a elm D DT . ,R '_-\i ~Emir —i i ... \N./ di tcf,i, ,‘\t fir _ to 0, c,o‘r,,, (y % I c. I 1 NS YISA � ��/ ! � � N\1 T1W88fA1.a8M if/,./ ♦ �/ us* e���V I 1(� . . t� r \--A.,11/4,\ r1 // ! • 11. Iici / Dk • �r /Ail � �, � 7` , -� ' ICI �""� I. )"� ::: .tea�I I ' /4 tee: 41lI tv,,, N 1.Y sr,,,, ,,K i . tv 41 1 Mit \ )i) P' („I A i 1,0 --. 44k\ Vil A i .II �u 'i rka^ L1 w ' ti7 9fill Cfi .� 1` 74%,%7 ` i .�.,, A..r o 11.u.r .r f I� ` � I� gi t1 wildlife Haifa, Mat* {y Syr .It �` Swaa[tt IQM °y SoL 1. 51p.�WXM gOK y 1\ 1 ref.. LEGEND u mM IH.w4. AM ' \ e� .u.w J AYf ,( ` .....r ihilyr 4 a -. 1 if� 0 Fri 1 ��1 , d!�_._. 111 ' ;11i r �_. _ 1__111 m,.�_.... id ...0 , ; caosssEcnoN AA 1 °"EC1i HOLTON LAKES ' 's" °"' DRM&S PERMIT#2007-008 REIOY MED COICIETE CO. e... ..s - �ore --- - '».._ 9[[1 m1E 145115 BW4TtN ROAD °_ w w t •• A. "�" _nw. 7 RBRAl CO.80!01 ,,, RECLAMATION PLAN-EXHIBIT"F" ATTACHMENT "D" SEO RULE 16.2 • Water Well Construction Rules Effective Date: January 1, 2005 16.1.1 In the event a borehole(s) is not completed for the intended purpose, tilt' contractor will notify the well owner of the well owner's responsibility for the proper abandonment of the borehole(s) according to Rule 16.1. If the well owner does not agree to allow the contractor to abandon the borehole(s), the contractor shalt notify the Board of Examiners, in writing, of the existence of the borehole(s) and the contractor's effort to notify the well owner of the well owner's abandonment responsibilities under Rule 16.1 16.1.2 Persons authorized to install pumping equipment may plug, seal and abandon wells that do not require the removal of casing that penetrates more than one aquifer or the ripping or perforating of casing opposite confining layers. 16.1.3 Materials used for backfilling shall be clean, inert, and free from contaminants. The well casing may be cut off below land surface so that it will not interfere with the anticipated use of the land. If the casing is cut off below land surface, the uppermost five (5) feet of the remaining casing shall be filled with grout or a watertight cover shall be permanently attached to the remaining casing and the excavation shall be filled with materials that are not more permeable than the surrounding soils and adequately compacted to prevent settling. 16.2 Wells or Boreholes in Type Il and Type III Aquifers - Welts completed into unconfined aquifers and unconsolidated aquifers shall be plugged, sealed and abandoned by filling the well to the static water level with drill cuttings, clean sand or clean gravel, then with clean native clays, cement or high solid bentonite grout to the ground surface. The uppermost five (5) feet of casing shall be filled with grout or a permanent watertight cover shall be installed at the top of the casing. If_. casing is removed, the hole shall be filled as described above to within five (5) feet of the grouni surface. The top five (5) feet of the hole shall be filled with materials less permeable than the surrounding soils that are adequately compacted to prevent settling. 16.2.1 Dewatering wells, horizontal drains, monitoring and observation holes, percolation holes, piezometer holes, sumps, test holes and thy holes shall be plugged, sealed, and abandoned either pursuant to Rule 16.2 or by removing all casing that was installed and by filling the hole(s) with drill cuttings, clean native clays, cement or high solid bentonite grout to within five (5) feet of the ground surface. The top five (5) feet of the hole shall be filled with materials less permeable than the surrounding soils that are adequately compacted to prevent settling. 16.3 Wells or Boreholes in Type I Aquifers - Wells which were constructed through more than one aquifer shall be plugged and sealed by placing a cement grout plug at the confining layer above each aquifer. If records do not show that the casing opposite each confining layer has been grouted when originally installed, the casing shall be either completely removed from the hole, or perforated or ripped opposite such layer prior to placing the grout plug. Plugs shall be no less than forty (40) feet in length and shall be designed to withstand the maximum potential hydrostatic pressure differential between the aquifers. The well casing, except for the grout plug intervals, shall be completely filled to the land surface with dean native clays, cement or high solid bentonite grout. A watertight cover shall be permanently welded or attached to the top of the casing. 48 , ,,,,,,, , ,..„ : HART ENVIRONMENTAL P.O Box 1303 Boulder, Colorado 80306 Phone: 303.444.6602 Adequacy Review Responses Holton Lakes (112) Reclamation Permit Application Prepared for: Ready Mixed Concrete Company DBA Boral Aggregates Prepared by: Michael J. Hart Hart Environmental Boulder, Colorado June 2007 urh-ic /I 13//at) HART ENVIRONMENTAL ..._ P.O. Box 1303 Boulder, Colorado 80306 Phone: 303.141.6602 June 1,2007 Ms. Erica S. Crosby Division of Reclamation,Mining and Safety Colorado Department of Natural Resources 1313 Sherman Street,Room 215 Denver,CO 80203 RE: Ready Mixed Aggregates, File No. M-2007-008 Holton Lakes New 112 Application-Adequacy Review Responses Dear Erica: Enclosed please find your adequacy review comments for the Holton Lakes 112 Permit Application, File No. M-2007-008, and the Applicants responses to those comments including all attachments referenced in the Adequacy Responses. I am also enclosing a signed receipt form the office of the Clerk to the Weld County Commissioners as evidence that the Adequacy Response and attachments have been placed for public to review. If you have any questions regarding this letter and the enclosed please do not hesitate to call me. Sincerely, • Michael J. (Mike) Hart Enclosure(s) Cc: Bill Timmons, Ready Mixed Aggregates Tom and Alice Holton, Owners Holton Lakes Adequacy Review Response June 1, 2007 Listed below are the Divisions adequacy review comments for the Holton Lakes New 112 Application, File No. M-2007-008, and the Applicant's responses to those comments. DRM&S Adequacy Review Comments and Applicant's Responses as follows: 1. As required by Rule 1.6.5 (2),please submit the proof of the public notice circulated to all owners of record of surface lands, and easement holders that are on the affected land and within 200 feet of the boundary of the affected land Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. Applicant's Response: See attached Certified Mail return receipts. 2. The Division received comments from the Colorado Historical Society and the Army Corps of Engineers and the Office of the State Engineer. The letters are attached Please address the comments noted in the letters, and make any changes in the application as necessary. Applicant's Responses: a. Colorado State Historic Society: In the event that human remains are discovered during mining activities, the applicant will adhere to the requirements under C.R.S. 24-80-1301 et seq. pertaining to unmarked human graves, as provided in the comment letter from the Colorado State Historical Society. b. Corps of Engineers: The Holton Lakes sand and gravel mining operation does not contemplate impacting any jurisdictional waters of the United States, including wetlands. c. Office of the State Engineer: Following approval of the Holton Lakes reclamation permit, the applicant will obtain the necessary well permit and approved Substitute Water Supply Plan from the SEO. Rule 6.4.4 Exhibit D-Mine Plan 3. Please indicate the pit mining slopes and the direction of mining on one of the exhibits. Applicant's Response: As provided on the revised Exhibit D, the finished pit mining slopes will be 3:1. During mining, pit slopes will range from 1.5:1 to 3:1 the direction of mining will be south to north in stages 2-5 and east to west in mining stage 1. 4. The applicant states that "all 5 mining stages will be dewatered and dry mined with backhoes and front end loaders. " During the pre-operation inspection it was discussed that areas that were not lined with a slurry wall would be wet mined(i.e. no dewatering would occur). Please clarify which pits will be dry mined vs. wet mined Applicant's Response: All five mining stages will be dewatered prior to mining. Mining stages 3-5 will be slurry wall sealed prior to dewatering. Stages 1 and 2 will be dewatered but not sealed prior to dewatering. 5. Portions of the application text state a permit area of 295 acres,yet other portions of the text and the application form state a permit area of 298.5 acres. Please clarify this discrepancy. Applicant's Response: The permit area, as indicated on the Reclamation Permit Form is 298.5 acres, which represents the total acreage owned by the Holton Family, LLC and which is intended to be permitted acreage. The application text states"The proposed permit area covers approximately 295 acres" which was rounded down from the actual permit area of 298.5 acres. For purposes of clarity, the reference to 295 acres should be 298.5 acres. 6 Under section 5.5 of the application, the acres of the various stages do not match up with the acreages noted in Exhibits D and F, as illustrated below. Please clarjb, the discrepancies of the acreages in the text and the exhibits. Mining Area Acres (noted in 5.5) Acres (Exhibit D) Acres (Exhibit F) Stage 1 9.0 8 Stage 2 24.2 22.1 Stage 3 75.3 75.5 73.7 Stage 4 42.5 42.0 40.8 Stage 5 52.6 52.8 52 Applicant's Response: 2 The acreage noted in Section 5.5 of the Permit application, entitled"Disturbance Areas," represent the approximate aerial extent of each mining stage. The total acreage of Stages 1-5 on Exhibit D (i.e.,the Mine Plan) vary by 0.10 acre from the total acreage reported in Section 5.5 of the application. The acreage described in Exhibit F (i.e.,the Reclamation Plant) reflect the aerial extent of the reclaimed areas in relationship to the associated post reclamation use. For example, the post reclamation land use of Stage 2 is"Wildlife Habitat, " which is anticipated to be 2.1 acres less than the estimated Stage 2 mining area of 24.2 acres. Similarly, stages 3-5 once reclaimed for water storage will be slightly smaller then the area mined. This should explain the difference in acreage totals that were noted in the adequacy comment and the bases for the differences. 7. Please provide additional detail and designs on construction of the slurry wall. In particular,please further explain the key dimensions of the slurry wall, depth of the slurry wall and how the slurry wall will be constructed around the gas/oil lines and wells. Applicant's Response: As detailed in the in the appendices (see Exhibit U-1)to the Holton Lakes 112 Permit Application, the Soil-Bentonite Slurry Walls will be built by excavating a trench approximately 3 feet wide to a depth of approximately 35 feet. The bottom 5 feet of the trench will be excavated into bedrock to create a seal between the sand and gravel alluvium and the pit floor(bedrock). The narrow trench will be filled with mixture of soil and bentonite, which, when set, forms the slurry wall. Currently, there are two buried gas lines in Stage 5 that will be relocated prior to the construction of the slurry wall for that mining stage. Prior to construction, all buried gas/oil lines will be relocated such that no lines will intersect the alignment of the slurry wall. 8. A review of the Exhibits and text provided by the applicant indicates that the pit edge is 100 feet from the south bank of the St. Vrain River. The exact location of the slurry wall between the lake edge and the bank of the river is unknown. Please provide a structural analysis that verifies the minimum width or buffer of soil needed on either side of the slurry wall to provide adequate support during saturated soil conditions, as well as under a rapid drawdown scenario. Applicant's Response: The slurry wall sections opposite the South Platte River in Stages 3-5 will be setback from the river a minimum distance of 125 to 150 feet. (see revised Exhibit D- Mine Plan attached). For adequate slurry wall support in the pit,the slurry wall contractor recommends a minimum distance between the slurry wall and the top edge of the pit of 25 feet. During mining the slope of the pit wall will vary from 1.5:1 to 3:1. All reclaimed slopes opposite the slurry wall (i.e., on the pit side)will be compacted backfill to a minimum slope of 3:1. 9. The applicant proposes to install a conveyor structure across the South Platte River. Please provide additional information regarding the conveyor structure (i.e. composition, length, width, height, foundations, etc.) and a specific plan for reclamation of the conveyor structure. If applicable,please provide documentation for the legal right to enter the easement associated with the conveyor structure across the South Platte River. 3 Applicant's Response: The conveyor structure spanning the South Platte River will be constructed of steel with an approximate span of 300 feet supported by two (2)40 foot high towers, one on either side of the river. Each tower will rest on two (2) 36-inch concrete caissons installed to a depth of eight(8) feet into bedrock(total depth of 38 feet). The conveyor belt structure will be eleven (11) feet wide and approximately five (5) feet above the elevation of the 100-year floodplain or the top of the bank on either side of the river,whichever is greater. The river corridor is on property owned by the Holton Family, LLC. As such no legal right to enter is required beyond that already conveyed to the Applicant and provided with these responses. 10. Rule 3.1.9(3) requires that topsoil stockpiles be stored in places and configurations to minimize erosion and be located in areas where disturbance by ongoing operations will be minimized. The overburden and topsoil piles are located within the mining boundaries of the various stages. Please explain how the topsoil and overburden piles will be protected from the active mining operation. Applicant's Response: Based on the mining plan, stockpiled overburden and topsoil will be used to reclaim the pit perimeter as soon as enough sand and gravel has been excavated from a given stage to accommodate the backfill necessary to create 3:1 slopes. While this method alone should be sufficient to address the Division's concern, in the event that excavated overburden and topsoil is stockpiled for more than 2-years,the stockpiles will be vegetated as necessary to preserve the overburden and topsoil needed for reclamation. 11. Please describe all haul roads that will be utilized for the mining operation. Rule 6.3.3(g) requires the applicant to specfr the dimensions of any existing or proposed roads that will be used for the mining operation. Any improvements necessary on existing roads and the specifications to be used in the construction of the new roads needs to be described in the permit and included as part of the permitted acreage. The applicant will also need to address reclamation of any new or improved roads constructed on site. Applicant's Response: All roads used by the Applicant are included within the permitted acreage. Temporary roads located within the perimeter of a mining stage will be excavated(i.e., removed) as part of the mining process. Existing on-site farm roads will be used for mining operations. These roads are approximately 25 feet in width. The only road improvements contemplated involve approximately 300 feet of the existing access from State Highway 52, which will be paved with concrete and left for the owner's use following completion of reclamation. A portion of the existing farm road located opposite the southeast corner of mining Stage 5 will be relocated to accommodate mining. None of the existing farm roads used by the applicant will be removed (reclaimed)as a condition of the reclamation plan. 4 j2. Please list and locate on the applicable exhibit all structures that will be constructed on site (i.e. plants, offices, trailers, tanks,fueling station structures etc...) and provide their associated dimensions and composition in order to accurately estimate a cost for removal in the reclamation bond estimate. Applicant's Response: The Mine Plan drawing provided in the Permit Application(i.e., Exhibit D) locates the structures that the Applicant proposes to construct on site including. Those structures will be of the following approximate dimension: • Scale (11'x 70'- steel with a concrete deck installed in a concrete box); • Scale house and office (20'x 36' portable building); • Employee and visitor parking (24'x 50' concrete slab on grade or gravel base); • South Platte River conveyor crossing(see response to number 9 above); • Portable sand and gravel processing plant and stockpile conveyors (60'x 60' x 1' reinforced concrete slab) • Portable concrete plant(40'x 40' x 1' reinforced concrete slab) • Truck washout structure ( 10'x 50'x 6'-4 cell concrete structure with concrete floor plus two (2)4'x 4' x 1' concrete slabs); • Fueling station(15'x 30'x 4' concrete structure with concrete floor)and, • Wheel wash (11'x 60'x 0.5' concrete basin) All structural dimensions are approximations only. Once the Applicant has secured all permits and approvals necessary to proceed with mining and reclamation at the Holton Lakes site, detailed site development plans will be prepared including specifications for all structures. That stated, the above dimensions should be sufficient for reclamation bond calculation purposes. 13. What protection measures will be used to ensure that spills of asphalt and/or concrete materials will not contaminate the surface or ground water? Will concrete trucks be washed-out on site? If so what measures will be taken to contain the wash water? In the event of a spill, what measures will be taken to capture the spilled fuels/lubricants. Any protective berms should be designed to contain 100%of the volume of stored material. The Division recommends that the storage area(s) be located outside the floodplain. If it is necessary to have storage areas within the floodplain, the applicant must also describe protection measures that will be employed to contain the materials in the event of a flood Applicant's Response: The applicant will prepare and implement a Spill Protection and Counter Measure Control Plan, as provided under State and federal law,that will specify containment and other countermeasures necessary to prevent potential petroleum hydrocarbon spills from reaching navigable waters of the State. That stated, asphaltic cement will not be used by the Applicant at the site. The Applicant proposes to build a ready mix truck washout structure designed to contain all wash water (i.e., to be zero discharge). The on site fuel station will be designed to contain 100% of all stored fuels and lubricants. At the direction of the Weld County Department of Public Works, 5 and since most of the site of the processing plant is within the 100-year flood plain, all fuel storage tanks will be secured to prevent their movement in the event of flooding in the area of the processing plant. Rule 6.4.5 Exhibit F-Reclamation Plan 14. Please specify the anticipated minimum thickness or range of thickness of topsoil replaced for those areas where topsoil will be replaced; in particular, Stages 1 and 2 and the reclaimed pond slopes and surrounding affected areas. Applicant's Response: During reclamation,topsoil will placed over reclaimed areas at a thickness of 6 to 12 inches. This includes Stage 1,the side slopes of Stage 2, all pond slopes and surrounding affected land. 15. The applicant provide a separate seed mixture for the reclaimed area of Phase 2. Please list the seeding rate of Phase 2- Wash Fines Basin Seed mixture in pure live seed per acre (PLS/acre). Applicant's Response: The following seed mix will be used for the reclamation of Stage 2. (see also Exhibit E, Section 6.8, "Proposed Seed Mixes," page 11 of Permit Application package). WASH FINES BASIN (STAGE 2) MIXTURE* Scientific Name Common Name Alisma subcordatum Water Plantain Asclepias incamata Swamp Milkweed Bidens cernua Bur Marigold Mimulus ringens Allegheny Monkeyflower Penthorum sedoides Ditch Stonecrop Rudbeckia laciniata Cutleaf Coneflower Sagittaria latifolia Common Arrowhead Verbena hastata Blue Vervain Carex stipata Awl-Fruited Sedge Carex vulpinoidea Fox Sedge Elymus virginicus Virginia Wildrye Eleocharis species Spike Rush Glyceria striata Fowl Manna Grass Juncus effusus Soft Rush Juncus tenuis Path Rush Juncus torreyi Torrey's Rush Leersia oryzoides Rice Cut Grass Panicum virginicum Switchgrass Scirpus validus Softstem Bulrush 6 Spartina pectinata Prairie Cordgrass Cover Crop: Common Oats, Annual Rye, Redtop This mix is composed of tenacious species that can tolerate areas that are inundated periodically by water. Planting rate: 32 lbs./acre F.O.B. Arvada, Colorado All quotations subject to seed availability. *Mixture may vary nrrasionally from the above listing due to availability of individual species. Price subject to change without notice. 16. Please state the total acres that will require topsoil replacement and revegetation efforts. Applicant's Response: The total area requiring topsoil replacement and revegetation is estimated to be 45 acres. Rule 6.4.7 Exhibit G- Water Information J7. Much of the site is located in the 100-year flood plain of the South Platte River. Wherever mining will occur within 400 feet of the river channel, a flood analysis and flood control plan must be evaluated and submitted This would include pit side armoring, river site armoring, inflow and outflow channels, or other appropriate measures. In order to mine within 400 feet of the river, the applicant must submit engineering designs and updated maps to address this situation. Applicant's Response: The Applicant proposes a temporary mining only setback from the South Platte River of 100 feet for Stages 1 and 2 and a 400 foot setback for Stages 3, 4 and 5. The proposed 100-foot setback for Stage l is based, in part, on the fact that Stage 1 is protected from flooding by an existing seven(7)foot high flood control berm located between the east side of Stage 1 and the South Platte River. In addition, much of the west bank of the South Platte River, within the Holton Lakes permit boundary, has been bermed and rip-rapped to preserve the current alignment of the river(see photographs below). The protection along this section of the west bank of the South Platte has been in place for more than 30 years and it is the result of a cumulative effort over the past several decades by a number of parties including the Colorado Department of Transportation, Weld County Public Works, and previous property owners. The 100-foot mining setback for Stages 1 and 2 are characterized as"temporary"because, following mining,the Applicant proposes to backfill each such stage to within 2 to 3 feet of pre-mining surface elevations. In Stage 1, backfilling will start on the east side of the pit and move from east to west. In Stage 2, backfilling will begin in the southwest end of the Stage and progress north- northeast over the life of the operation. Two flood overflow structures will be constructed one in the southwest end of Stage 2 and one in the northeast end of Stage 2 to protect it from flood 7 damage. As mentioned above, and as determined in consultation with Division staff,the Applicant has determined that the riverside setback for Stages 3-5 will be 400 feet. Any future reduction of this setback will be accomplished by way of a technical revision based on appropriate river bank stability analysis. sae: .•- Picture 1 Seven foot high Flood Protection Berm Located on the East Side of Stage 1 (right hand side of the picture). 8 ti Picture 2 Riprap along the west bank of the South Platte River 18. According to Exhibit G, it appears that most if not all of the site lies within the 100 year floodplain (and possibly within the 10, 25, &50 year floodplains) of the South Platte River. In the event of a significant flood event (10 year flood or greater) it is likely that the existing pits and/or reclaimed lakes will be captured by the South Platte River. Accordingly, the Division requests that the applicant provide the flood elevations(s) to be expected under a "worst case"flooding scenario and specific mitigation measures that will be implemented to minimize the potential for any offsite impacts. Mitigation measures might include mining dry pit slopes at a maximum of 1:1, installation offlood control spillways within the reclaimed lakes, installation of drainage pipes within the internal berms separating pits and/or armoring reclaimed pit slopes in close proximity to the South Platte River with erosion control riprap. Ifflood mitigation plans are to be prepared, they must specifically address the potential for erosion of the lateral berms between the pits and the gas/oil pipeline both during mining and following reclamation. Applicant's Response: Much of the Holton Lakes site is located within the 100-year floodplain of the South Platte River as mapped by FEMA. That said, the Applicant does not agree with the Division's statement that "In the event of a significant flood event (10 year flood or greater) it is likely that the existing pits and/or reclaimed lakes will be captured by the South Platte River. " It is in the interest of the Applicant, the property owners, Weld County and the Division to ensure that the South Platte River maintains its existing channel through the Holton Lakes property and that off-site flood impacts are minimized to the greatest extent possible. To that end,the Applicant's proposed mining and reclamation plans are intended to protect both the river,the mined and reclaimed areas, and offsite areas. If by referring to a "worst case flooding scenario" in the comment above the Division is referring to a 100-year flood event, we can safely say that the majority of the 9 Holton Lakes site,as well as the river corridor both up-stream and down stream of the site,will be inundated by several feet of water. With such an event and the Division's expressed concern in mind,this is to confirm that the Applicant is required to obtain an approved Floodplain Use Permit(FUP) from Weld County as a condition of Use by Special Review Permit the Applicant is in the process of seeking from the County. To that end, Weld County is authorized by FEMA to administer and regulate all activities in the 100-year floodplain of the South Platte River and its regulated tributaries in Weld County. The purpose of the Weld County FUP process is to insure that off-site flood impacts are minimized regardless of the nature of the activity proposed within the 100-year floodplain. Therefore,the FUP process is the appropriate process in which the Division's concerns will be addressed. Therefore, included with this adequacy response is a copy of the Holton Lakes FUP as submitted to Weld County. Finally, there are no "lateral berms"planned between the pits and gas oil pipelines either during mining or after reclamation, nor will there be any"lateral berms"between any of the ponds following reclamation. 19. Please quantify the velocity and volume of flows expected on site from a 100 year flood event, as well as the elevation of the 100 year base flood event and its relation to the elevation of any proposed spillways and lake shore embankment. Also,please quantify or characterize the expected groundwater surface between the stream channel and the adjacent floodplain under such event. Applicant's Response: As discussed with Division Staff, details related to this item will be addressed in the event the Applicant should choose to seek a technical revision to the permit to reduce the 400-foot _ riverside setback for Stages 3-5. 20. Please quantify the velocity and volume offlow expected as well as magnitude offlood event required to produce a "bankfull"event in the adjacent reach of the South Platte River. Also,please quantify or characterize the expected groundwater surface between the stream channel and the adjacent floodplain under such event. Applicant's Response: As discussed with Division Staff, details related to this item will be addressed in the event the Applicant should choose to seek a technical revision to the permit to reduce the 400-foot riverside setback for Stages 3-5. 21. Rule 6.4.7(1) requires the applicant to directly state if surface water or ground water will be affected by the mining operation. The applicant noted registered wells within 600 feet of the affected land based on information obtained by the OSE. However, a ground water study may reveal wells outside the 600-foot-radius that may be impacted. If so, these will need to be addressed and exhibits amended. In accordance with Rule 6.4.7(2)(b), the Division requests that the applicant identify and characterize the aquifer to be mined in or through. The Division also requests that the applicant define or predict the cone of depression or shadow and mounding effect expected for any areas to be dewatered and dry mined or as a result of installation of the slurry walls. The cone of depression and assessment of other effects should define, at a minimum, the horizontal and vertical extent of 10 expected impacts. If during the assessment, the applicant determines that a drawdown, shadow or mounding effect will occur offsite that may impact a current groundwater user, the applicant must explain any mitigation measures to be implemented and trigger points that would put mitigation measures into effect. Typically, a trigger point of a 2 feet change from historic ground water levels is acceptable. Applicants Response: The proposed operations will not adversely affect surface or ground water. All known(i.e., registered) wells within 750 feet of the permit boundary are shown on the aerial photograph of the pit and adjacent property (See Exhibit C-3, Sheet 3 of 7). Forcing the Applicant to identify unregistered wells is highly problematic, particularly since the legality of such wells, as a threshold matter would be a question for the State Engineer to review.l The nearest domestic well,to an unsealed mining stage (i.e., Stage 1), is approximately 1000 feet west of Stage 1. In addition,there are two (2) irrigation wells that were historically used in the vicinity of Stages 1 and 2;however, it appears that these wells are abandoned. All other known wells in the vicinity of the Holton Lakes site are located opposite mining stages that will be sealed with a slurry wall before they are dewatered. Therefore, while no affect from dewatering will be experienced by those wells,the Applicant proposes to implement a ground water monitoring program once the Division has approved the Holton Lakes 112 Permit. The proposed monitoring program includes the installation of eight(8)monitoring wells around the perimeter of the permit boundary. The Mine Plan Drawing(Exhibit D-Sheet 6 of 7) shows the location of the eight(8)monitoring wells. Static ground water elevations in each well will be measured monthly prior to mining, during mining, and up to two years after reclamation of each stage of mining. In the event that there is a change from ground water levels, as measured pre-mining, of two (2) feet or more, the Applicant will determine if any nearby operating wells have been adversely affected and, if so, take appropriate steps to remediate any such impacts. For Example, if the monitoring program indicates that a nearby domestic well has been impacted,the Applicant will provide an alternative source of potable water for the affected party, or otherwise address the water shortfall (the Applicant may install a ground water recharge pond opposite the affected area and pump ground water from the pit to the recharge pond). If on the other hand, the monitoring program indicates that ground water mounding is occurring on adjacent property, the Applicant will install a permanent cut-off trench to drain excess ground water away from the affected area. 22. The applicant needs to describe how the drawdown of the pits and any shadowing/mounding effects will impact the structural integrity of the surrounding wells, surface water drainages, activities which rely on ground water in the vicinity of the site, and vegetation on or near the site (including the cottonwood trees in the riparian area near the South Platte River and the wetlands adjacent to 1 From a policy standpoint,requiring applicants to identify unregistered wells is akin to asking applicants to identify non-record owners of real property so they can be provided notice of a Section 112 permit application. For the purpose of efficiency and expediency,it is well recognized that there is a system for identifying record owners of property for notice purposes. The same logic applies to the owners of registered wells versus non-registered wells. There is simply no efficient,or even comprehensive method for identifying the latter. 11 the pits). The applicant must also describe any mitigation measures to be implemented and trigger ^ points that would put mitigation measures into effect. Applicant's Response: As previously mentioned,mining Stages 3,4, and 5,which total approximately 83%of the area to be mined,will be sealed with a slurry wall prior to dewatering. Therefore,no groundwater drawdown impacts of any kind to the "structural integrity of the surrounding wells, surface water drainages, activities which rely on ground water in the vicinity of the site, and vegetation on or near the site"will result from these three mining stages. In addition, ground water elevations in the vicinity of all five mining stages are controlled by surface water flows in the South Platte River and Big Dry Creek. Therefore, the existing riparian vegetation between the mining stages,the river, and Big Dry Creek"(including the cottonwood trees in the riparian area near the South Platte River and the wetlands adjacent to the pits). "will not be adversely affected by pit drawdown or by ground water mounding bet-Anse the river and Big Dry will effectively act as cut-off trenches. As mentioned in the response to comment 21 above, in the event that there is a change in the historic ground water elevation of two (2) feet or more from measured pre-mining groundwater elevations,the Applicant will take appropriate steps to mitigate possible adverse impacts associated with the change in the elevations. 23. Based upon the possible potential for ground water impacts from dewatering and lining three of the pits, additional monitoring wells should be considered and installed to ensure compliance with Rule 3.1.6O) of the Construction Material Rules and Regulations which require that "disturbance to the _ prevailing hydrologic balance of the affected land and to the surrounding area and to the quantity and quality of water in surface and ground water systems both during and after the mining operation and during reclamation shall be minimized... " In particular, the Division recommends monitoring wells be selected or installed to monitor impacts that may affect registered and unregistered wells and vegetation on both sides of the river (i.e. wells should be considered in proximity to Stages 2 and 4 to assess impacts) Applicant's Response: The Applicant proposes to implement a ground water monitoring program once the Division has approved the Holton Lakes 112 Permit. The proposed monitoring program includes the installation of eight(8)monitoring wells around the perimeter of the permit boundary. The Mine Plan Drawing (Exhibit D-Sheet 6 of 7) shows the location of the eight monitoring wells. Static ground water elevations in each well will be measured monthly prior to de-watering, during mining and up to two years after reclamation of each stage of mining is completed. In the event that there is a change from measured pre-mining water levels of two (2) feet or more,the Applicant will determine if any nearby operating wells have been adversely affected and, if so, take appropriate steps to remediate any such impacts. For Example, if the monitoring program indicates that a nearby domestic well has been impacted,the Applicant will provide an alternative source of potable water for the affected party, or otherwise address the water shortfall (the Applicant may install a ground water recharge pond opposite the affected area and pump ground water from the pit to the recharge pond). If on the other hand,the monitoring program 12 indicates that ground water mounding is occurring on adjacent property,the Applicant will install a permanent cut-off trench to drain excess ground water away from the affected area. 24. The applicant commits to measuring the ground water elevations in 4 monitoring wells monthly. In the event that the neighboring wells are adversely affected by the pit, the Applicant will promptly take steps to mitigate any adverse impacts. Please commit to collecting and reporting one full year of monthly data prior to the beginning of mining and monthly data during the life of the operation. All monitoring data will need to be submitted to the Division in the Annual Reclamation Report. As previously stated, the applicant must describe any mitigation measures to be implemented and trigger points that would put mitigation measures into effect. Applicant's Response: The Applicant will commit to collecting ground water elevation data, as described in comment 23 above, prior to the start of pit dewatering and include this information in its annual report to the Division. If possible, the Applicant will collect twelve (12) months of data prior to the start of dewatering operations, but it cannot commit to delay the start of dewatering. In the event that there is a change from measured pre-mining water levels of two (2) feet or more the Applicant will determine if any nearby operating wells have been adversely affected and if so take appropriate steps to remediate the impact to them. For Example, if the monitoring program indicates that a nearby domestic well has been impacted the Applicant will provide an alternative source of potable water for the affected party, or otherwise address the water shortfall (the Applicant may install a ground water recharge pond opposite the affected area and pump ground water from the pit to the recharge pond). If on the other hand,the monitoring program indicates that ground water mounding is occurring on adjacent property,the Applicant will install a permanent cut-off trench to drain excess ground water away from the affected area. 25. The applicant states that in order to protect cottonwood frees from adverse impacts due to pit de- watering the applicant will periodically pump ground water from the dewatered pit to areas where frees are at risk of damage from dewatering. Will the applicant pump ground water on other riparian areas? Since cottonwoods could die by the time a 2 foot drop in ground water level occurs, a trigger point of I foot or if the vegetation is showing signs of stress (assessed by a qualified individual), whichever comes first, would be acceptable. Immediate interim mitigation measures must be specified to protect this vegetation. Applicant's Response: The Applicants statement regarding the protection of cottonwood trees from adverse impacts from pit dewatering pertain only to trees within the Holton Lakes permit boundary. The Applicant believes that the only area of concern off-site is adjacent to the southeast corner of Stage 2. If possible, the Applicant will pump ground water from Stage 2, as part of the pit dewatering, into an area adjacent to the trees opposite the southeast boundary of Stage 2. In this way, impacts to the existing hydrologic balance and therefore the trees will be minimized. The Applicant is willing to pump water to protect off-site trees as long as such pumping can be accomplished under the approved 112 Permit. 13 26. Please identify all cottonwood groves in the wildlife corridor and within the boundaries of potential — offsite ground water impacts to help assure adequate monitoring is in place. Applicant's Response: There are two such areas of trees outside the Holton Lakes permit boundary. The first is located opposite the southeast corner of mining Stage 2 and the second is located opposite the southwest corner of mining Stage 3. Ground water monitoring wells numbered 3 and 5 will be installed adjacent to each of these two areas to monitor potential adverse affects of dewatering. That stated,the Applicant does not expect such affects opposite the southwest corner of mining Stage 3, since Stage 3 will be sealed by the installation of a slurry wall. 27. The applicant states that registered alluvial wells within 600 feet were identified based on SEO records. Were field inspections conducted to identify ALL wells within 600 feet? Please revise the exhibits to depict the actual location of the alluvial wells. Will any wells beyond the 600 foot radius be affected by the mining operations? Applicant's Response: Map Exhibit C-3 (Sheet 3 of 7 attached)has been revised to show the requested information. There will be no adverse impacts to any ground water wells outside the Holton Lakes permit boundary.The status of wells in the vicinity of the Holton Lakes Property was discussed with the Holtons; however,no field inspections were conducted to identify ALL wells within 600 feet of the subject property. Field Inspections were not carried out because it is beyond the ability of the Applicant to determine which wells are and are not registered with the SEO, which wells have been abandoned and the condition and capacity of any wells that may or may not be operational. See response to comment 21 above and Footnote 1. 28. Please provide a reclamation plan for the monitoring wells proposed on site. Please include the depth of wells, diameter of the wells and how the wells were completed This will assist the Division in determining a final cost of reclamation. Applicant's Response: All monitoring wells will be constructed of two (2) inch perforated PVC pipe and installed to a depth of 25 feet. Upon completion of all mining and reclamation activities, the wells will be filled with sand and gravel and closed in conformance with the requirements of the State Engineer. 29. Please depict the location on a map where mine water will be discharged If mine water is discharged into a ditch or other man-made structure,please provide consent to discharge water into this structure. If water is discharged into a ditch that is unlined, it may be prone to erosion if the discharge rates exceed the carrying capacity of the ditch. The applicant should submit documentation to the Division for review as to the proposed maximum discharge rate into the ditch and specifications as to how much water the ditch can carry without experiencing erosion. 14 Applicant's Response: All NPDES ground water discharge locations (i.e., point source discharges) are shown on the Mine Plan drawing(Exhibit D) Sheet 6 of 7. 30. Please provide a representative cross sectional diagram for the pits which adequately depicts the features of the alluvial aquifer with the affected and surrounding areas. The cross sectional diagram should be drawn to scale and provide the following information; o Existing reclaimed excavations(s) and high lake water elevation o Groundwater (piezometric)surface o Proposed slurry wall installation o South Platte River (from top of North Bank to top of South Bank) o 100 year Floodplain boundaries (existing&proposed) & elevations o South Platte River-Floodway boundaries o Any existing wells within 600 feet of the pits o Ordinary high water mark of the South Platte River o Invert of the South Platte River o Significant wetlands, and/or woody riparian vegetation Applicant's Response: See the Reclamation Plan drawing(Exhibit F) Sheet 7 of 7. Rule 6.4.8 Exhibit H- Wildlife Information 31. On page 9 of the wildlife report submitted by ERO Resources Corporation it is stated, "the prairie dog burrows within the northwestern portion of the project area are potential habitat for burrowing owls. ERO recommends that any soil disturbance or removal of prairie dogs be conducted between October 31 and March 1. If prairie dog burrows are disturbed during the March 1 to October 31 timeframe, CDOW will recommend formal surveys for burrowing owls just prior to any habitat disturbing activities. " Please incorporate the ERO recommendation into the mining and reclamation plan. Applicant's Response: Agreed. 32. On page 14 of the ERO report it is recommended that Red-tailed hawk nests be removed outside of the breeding season (March 1 to July 31) or take reasonable precautions to ensure that raptors or other birds are not using the nests. Please incorporate the ERO recommendation into the mining and reclamation plan, and specify the reasonable precautions to be taken. 15 Applicant's Response: Agreed. Rule 6.4.14 Exhibit N-Source of Legal Right to Enter 33. The applicant submitted an "Option and Agreement to Purchase Aggregate Materials in Place. " The Division does not believe that an option to purchase the property is sufficient to demonstrate adequate legal right of entry. The language in the option agreement does not secure the legal right to enter and mine/reclaim on the site. In fact, the option allows the applicant a 24-month period to exercise the option to purchase the property to become a purchase and sale agreement. The Division cannot approve an application unless a secure source of the right to enter and mine/reclaim on the proposed land is provided. Applicant's Response: See attached letter from Thomas M. Holton to Erica Crosby. Rule 6.4.19 Exhibit S-Permanent Man-Made Structures 34. The applicant proposes to mine through gas/oil lines in Stage 5. If the applicant intends to mine through and relocate the gas/oil lines they will need to submit a notarized agreement between the operator and the owner(s)/easement holders of the gas lines. Until such agreement is submitted and approved by the Division, the applicant will need to maintain a suitable mining off-set distance from the gas lines. If such notarized agreements cannot be achieved during this review period, then a revision to the permit will need to be filed in the future prior to mining closer than the approved mining off-set distance. Applicant's Response: The applicant and the land owner will relocate, at their shared expense, all gas/oil lines in Stage 5 prior to the start of slurry wall construction in that stage. In the event that the Applicant and the owner(s) of the gas/oil lines have not reached an agreement regarding the relocation of said lines prior to the start of slurry wall construction, the Applicant commits to a 100 foot mining setback as recommended by Scott Cox. 35. The Scott Cox report recommends maintaining a 3h:1 v distance from all permanent man made structures (based on the depth of the pit at 33 feet). However, Exhibit D depicts off set distances less than what was recommended by the Scott Cox report. In particular, Excel power poles- 50', east of Sage 2- 50', Hwy 85- 50', United power lines/poles- 25'and an unknown distance from structures south of Stage 3. Please depict all of the off set distances from various structures on the mine plan exhibit as recommended by the Scott Cox report or submit a notarized agreement in accordance with Rule 6.4.19. 16 Applicant's Response: Setbacks from the Xcel power poles and Colorado Highway 85 are 100 feet as recommended in the Scott Cox Letter Report and depicted on the Mine Plan drawing(Exhibit D). The United Power Poles will likely be removed entirely prior to the start of mining in Stage 3. In the event that the poles are not removed prior to the start of mining,the Applicant has committed to replace and or repair any poles damaged because of their mining activities (see attached draft agreement). Enclosed, please find a letter of objection regarding the application from Kerr-McGee Oil & Gas Onshore LP. Please respond to the concerns noted in the letter. Because an objection has been filed, the decision date will automatically be extended on or before the 120`x'day to coincide with the June 13, 2007 MLRB hearing. However, the Division must make a recommendation to approve or deny the application to the MLRB on May 16, 2007. Applicant's Response: The Applicant has met, and is continuing to meet with a representative of Kerr-McGee as part of an on going process to negotiate a Surface Use Agreement(SUA) acceptable to all parties; however,the terms and conditions of the SUA have yet to be fully established and memorialized. Like Kerr-McGee, the Applicant prefers to attempt to conclude a mutually acceptable SUA. That said, the Applicant does not believe that the Division has the authority to withhold final approval of the Holton Lakes Permit until the all parties have concluded a SUA, as requested by Kerr McGee in their letter of objection dated March 29, 2007. The Division's authority is limited to ensuring that Kerr McGee's existing improvements (i.e., significant man-made structures)will not be adversely affected. 17 ADEQUACY RESPONSE ATTACHEMENTS PERMIT NO. 2007-008 HOLTON LAKES • CERTIFIED MAIL RETURN RECEIPTS • LETTER FROM THOMAS M. HOLTON CONVEYING LEGAL RIGHT OF ENTRY • EXHIBIT"C-3" REVISED(AERIAL OF PRE-MINING CONDITIONS) • EXHIBIT"D" REVISED MINE PLAN (SHEET 6 OF 7) • EXHIBIT"F" REVISED RECLAMATION PLAN (SHEET 7 OF 7) • WELD COUNTY FLOOD HAZARD DEVELOPMENT PERMIT (FHDP) APPLICATION • RECEIPT AND PROOF OF FILING THE HOLTON LAKES ADEQUACY RESPONSES AND ATTACHMENTS WITH THE CLERK TO THE BOARD OF THE COUNTY COMMISSIONERS OF WELD COUNTY 18 J ❑❑ O U •N ❑❑ Q ❑❑ ^ r u tV r m E W m .� @ E ❑ % ra Z es E E6 $ .7 _. • \ zp 0 mFF .I 0 �y• a s ❑❑❑ Z N ❑❑ .D \ vv o � � a '� >. , � � a40 a 23m o N m ql m w ic ¢5 • O m. c o � w t CD EC e O O cc a leS .. d X m6 ri o CI ° d X m o ` .n m o ¢ M1 ¢ .n a r1.1u r — n R1 m m -9 E al E 2 g 2 o g ; m .n o 5. Cl o. CI nT' @ m N n,o E a o • c0°>�toE O o�76 t am M1 m9C«S_ W ED Lc«�' M mm.Eoz -- v vwi m °gg Ch o cn of Zmoo € .r 0o Ln c'iCi ?ioo € 'O y ._, o-112'503 23 Nc�.° Eci m > U °° 2 ti cm f-- E" a i.t` QOO m 2 ui �m `a''' oW O 8 .0 w root«� ? 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O U d U m 1 2gp . _5 -• a �/ C ¢ l� n W ¢ Ed if 0 ICI =` _ _ 3 a!/ € a _ m a v a m y T. y v a a > ti _ n m m a.a m fp 2 V 2 `m g a rl ti 9 m m j " $��' a E 9 r_ m r_ o h ¢ m ❑❑ u m � ❑❑ in m to v d X m o e/ u d X m d O ¢ v o c 0 Q CI V T U u yt >'m • 87 mTE O U my cE« pi m O U fpmc.O.4- N Wiz°m°€ ammPpmoC U W tip UUC O -c ofl i+ ti C to≥D.La a — N mmmcLS O = mmmc« ° N _ t- 010 V CO 0 � N CV 1C i m -m CO r.m .U.. Ca O V O 4� m y m OO m e • cote --2 m 0ID � • E E �r�. N 0 m ii cm 111080C U �p� p w5 @ .+ v� V •-• 0 - * = am E {yTy' ¢ m_ v , ' l E p • ca m H c m ,Pc R Q� yy m i p i�+,t L Fi G 07 nv >.m.Er m .� W a w Ce.T.L.CI''''' m � .7r" a m m E May 25,2007 Erica Crosby Environmental Protection Specialist Colorado Division of Reclamation,Mining and Safety Colorado Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Ready Mixed Concrete Company, File No. M-2007-008 Holton Lakes New 112 Application—Legal Right of Entry Dear Ms. Crosby: 1 am writing to confirm that Holton Family, LLC consents to Ready Mixed Concrete Company("RMCC")entering the property described in the Holton Lakes New 112 Application, DRMS File No. M-2007-008,to mine and reclaim that property. This letter therefore serves as evidence of RMCC's legal right to enter the property as provided in the DRMS Construction Materials Rule 6.4.14. Thank you. Sincerely yours, Thomas M. Holton Managing Member r i. c„,..„,,...,),,,,, -(e i _ orr,~ r 4k, ( A ft O^ µ '" • • W D X w 1� O ( '' 4 e ° moo �P o�SQ 6 n 4,�� ri y- 1 !'e fi . e •p Y 0 •*S a A ,' I (2 o kt i gg �, 3 ,� , zE e9 ° ��� �� r. �.> �� fR i� �. 4 tE PARCEL:D S / I —/ 1t `. r\ +' i,_ 3 t i*rY I.-� * 11 - i e ,_—J PARCEL"A" p r ° �I �t` r Wit ee cr 4' s. rJ r't1,,44, - • $ \i ` I.. a.e./ Wbyol Q, �T *. ...0..,„ ` tr. L �' f" .k __ .�' III et RI1 Jr. y r ��,�[ // II snintAN. tl �/� NSa t 1� e ,'l., ;L:: j u ^� '^J1I' PARCEL"C" I r i iT4V .r t F: , \ I : P. t;: `e I I , I. r 1, l; 'Ib •.�• rDan,�er n r M o7Jl I p_•- _ 1 PARCEL"B" yy'• r �, •t. 'Y,.sir or WW III f 79 SAcr s I t• ' aw . .win X, iI J Nt'"" x"4.""'iu r. I- '' W '' sMN[me d�. . •p wnq OA ' F Rds �'s I C , L EN �Pa J n RNTonr L/g' ALL ADJACENT PROPERTY OWNERS WITHIN ouo FEET LEGEND i'm u AAA.. Tow Aamexo. Win 147100030730 In o . ........... ., PROJE": HOLTON LAKES ..a..= ...fins ..,. • "` READY MXED C0NOIETE CO. 4.er..... p.....4,w DRM&S PERMIT#2007-008 """ """"""-"' 3 SHEET nE: 14585 BRIGHTON ROAD 0-o "rm.m wv�vm ••u�, a ADJ. PROP.OWNERS WITH AERIAL mica CO 00601 PRE-MINING -EXHIBIT"C-3" nRsescosaO ,w.u.. ,,.I,,.1 All I. OF ii4O3., illtrO:Wit.t.. .'V . .o G2. R, I,..mw<"" �� Sxag�e 1I r� ' 1� 11 ifi:ii,-..r.,,,,• .a__arfr.:J itrift,....' r , . ,'1.4'.'. ;,, -:.1"1 , 01 , :,,.,' \\ /lip w4! �I f7. \ j r 7� �'. Stage 2 `�, 1/4. iS b , ii M I � /�� � Stage 2 B Stag?2 i4., I s ( 6l r„,,, s Iii , ,�\°14, 0/ \ i Stage 3 ,�li /0- ",-,--.iiirla ,T,„tr • • • _ • L. , i ^6 ,yQrr�i ,p+ . f:,-;•.:7,5! • �• � ��\� 0LI y li • \ 141 .31(l'• , 'lI ' , II }r t f _.+...-i_' _� - {�'t' ':L 'MCI iLli'� Tabie w G� \ �\ • I «._ M .. a TOW ill Stage4 ... \*mall �4 v h gig,. K w„ ' sm.s pJ w ' R7BWC9STThP MSMIOROi j am M9a l al. .. .." t W LEGEND `r I r'�'6 , F_ —5—.— - CD ® .-.....r-m..-...- _. wim %�_ ....r........- a ,.-.nr.. .+v+i ...wae w,.. ... ^°"` HOLTON LAKES •e..6w p w" — °•" DRM&S PERMIT#2OO7-OO8 READY ACM W. ',`a""{'"'"' ',",,"�+„„'^ ' ��~ 6 14595 BRRi110N ROM .rwa �"`®' 9EYtmlE. en6t. ,.Tu..O MINE PLAN-EXHIBIT"D" °' _ _at► t v / q U fir_ �"o' .�� a jf ' 111 N' a 4t,� ,� ire r�f �� ci,� `�1IImv i !I 0. r a ;11 ir- 4elettic\ 1• 'r srw x TfMd o.em-m... r 351.2 / ' �l� a II I s. r / °fit f 4 r ,gi � Is idi 7,7 ii r ir ,,,,,, 7 ir . ,, !/ X22 i a t" 4,`'`.m � 11 I 'V i / ,_,_ ,„,,a, , ,, ,,„,,,,;„ .}\,,I -- 4 rt. f, tii( tfrlit __________ + , _vr�y'/ A -1 1/4 Soled Ph _. e ? istafl Tweaou;I.oFeet II A 41 ih 4 ban: DAMY6'': ` �1t . IILitaetk I � " II `e � +'� I I f r1 4 MOW,. 41ut an.< Sa75 o(lb saki PIE nil Ac Ma ' ,�YNkd a 1a zua b t �,.� LEGEND mN mx all,, m ' ,,,‘\‘''',$` Z ,�— v r. a _ _ l f 11 11 Iii Ji ii1t ! r�ll „.7c;' �a _- I 11 ....\...... 'aav 1 •- ` CROSS SECTION AM •... /� "'"'T HOLTON LAKES a- .....3w w�� wEawnNs�a Lit sr DRM&S PERMIT#2007-008 READY AIA�O CONCRETE CO. '."q`,,,130;" m"'„„„,w. - '`-� ^"�'-°^ 7 RFEr mza: 14585 MC:IRON ROM p ,oa.m .Co •••.w. or BRIGHTON.CO 806013“ mai RECLAMATION PLAN-EXHIBIT"F" 303-6* 3a (3031"4-66°2 -- 7 FLOOD HAZARD DEVELOPMENT PERMIT(FHDP) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT it 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Numbers: 1471-06-3-00-002, 1471-06-0-00-044, 1471-07-0-00-023 (12 digit number-found on Tax I.D.Information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). Legal Description: See Attached Legal. Section 6 Township 1 North, Range 66 West FEE OWNER(S)OF THE PROPERTY: Name: Holton Family, LLC Work Phone# NA. Home Phone#(303)857-2446 Email Address: riverrat39ti2peopleoc.com Address: 12032 Highway 52 City/State/Zip Code: Fort Lupton. Colorado 80621 APPLICANT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Ready Mixed Concrete Company (contact; Bill Timmons). Work Phone#(303)659-0630 Cell Phone#J303)668-1751 Email Address: bill.timmons®boral.com Address: 14585 Brighton Road City/State/Zip Code: Brighton. Colorado 80641 General Description of Proposed Development: (Check when applicable) Residential Non-Residential Manufactured of Mobile Home New Construction New Construction On Single Lot Addition or Improvements Addition or Improvements In Mobile home Park In Subdivision Fill Material Fill Material Fill Material Watercourse Alteration In Mobile Home Subdivision Other. Sand and gravel mining and reclamation 2. Brief Narrative Description of Proposed Development: Sand and Gravel Mining. Processing and Concrete Plant. 3. Property located in designated FW(Floodway)District?Yes X No_(If yes, certification shall be provided by a registered professional engineer that the property use or structure, when built, will not cause any increase in floodwater levels during an intermediate regional flood(100-year flood)or will limit or restrict the flow capacity of the floodway.) 4. Property located in a design ed -1 or/FP-2(Floodprone) District? Yes X No_ t\ik r c-F /IAA V� I�-FC; \iC�JY 4i7O7 Sig ature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date U.S.DEPARTMENT OF HOMELAND SECURITY -E-L-E- AT1ON-CE13TIFICAT'E -- -Ot !Mo4660-0008 Federal Emergency Management Agency Expires February 28, 2009 National Flood Insurance Program Important: Read the instructions on pages 1-8. SECTION A-PROPERTY INFORMATION For Insurance Company Use: -^^ Al. %aiding Owner's Name Policy Number - ELY: .1 ►-I Vi scc (1n.a ca-C'E_ Co, A2. auilding Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Company NAIC Number City State ZIP Code A3. Property Description Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) N�SiY�$ cvt s/4) C,r volt F,j-5-'i141Rr1kav) or 63- , A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)C-441.4-41> 4•4-18-a E-1QAV F1_ M tnkE SCALE- -- OGc AS. Latitude/Longitude:Lat. <{p,OL{ 42- i4 Long. (o�o Lad'r-I c" `V Horizontal Datum: ❑NAD 1927 Eg-hAD 183 7 c A6. Attach at least 2 photographs of the building ii the Certificate is being used to obtain flood insurance. A7. Building Diagram Number f5 A8. For a building with a crawl space or endosure(s),provide: A9. For a building with an attached garage,provide: a) Square footage of crawl space or endosure(s) sq ft a) Square footage of attached garage sq ft b) No.of permanent flood openings in the crawl space or b) No.of permanent flood openings in the attached garage enclosure(s)walls within 1.0 foot above adjacent grade walls within 1.0 foot above adjacent grade c) Total net area of flood openings in A8.b sq in c) Total net area of flood openings In A9.b sq In SECTION 5-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION B1 NFIP Community Name 8 Community Number 82.Coqunty Name 83.State \\kLA CO J,. --( 0 0o 2-b(r, \VF_.t_1t Cnvl.-rc-( C_el_oett)C> B4.Map/Panel Number 85.Suffix B6.FIRM Index 67.FIRM Panel 88.Flood B9.Base Flood Elevation(s)(Zone Date Effective/Revised Date A Zone l9 OBo'2 o o g ( AO,use base flood depth 1 sin za, 4B(19(rip 29 d to �®c 462I Bt0. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item B9. 0 FIS Profile IBFIRM 0 Community rDetermined 0 Other(Describe) B11. Indicate elevation datum used for BFE in Item Be: [ NGVD 1929 ' 0 NAVD 1988 ❑Other(Describe) B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? ❑Yes gallo Designation Date ❑CBRS ❑OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) CI. Building elevations are based on: ❑4'Construction Drawings* 0 Building Under Construction` 0 Finished Construction*A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations—Zones Al-A30,AE,AH,A(with BFE),VE,VI-V30,V(with BFE),AR,AR/A,AR/AE,AR/A1-A30,AR/AH,AR/AO. Complete Items C2.a-g below according to the building diagram specified in Item A7. !1 Benchmark Utilized N y S E-of t Vertical Datum k.ct a8 t.i.id...`-sO Conversion/Comments µftvO14Z81t '4- 2,c12 c-t- = Nllyr, lccRB Check the measurement used. a) Top of bottom floor(including basement,crawl space,or enclosure floor) 4C(1.00 .0 [ feet 0 meters(Puerto Rico only) ❑feet ❑ b) Top of the next higher floor meters(Puerto Rico only) c) Bottom of the lowest horizontal structural member(V Zones only) _❑feet 0 meters(Puerto Rico only) d) Attached garage(top of slab) _❑feet ❑meters(Puerto Rico only) e) Lowest elevation of machinery or equipment servicing the building _❑feet ❑meters(Puerto Rico only) (Describe type of equipment in Comments) f) Lowest adjacent(finished)grade(LAG) .a i feet ❑meters(Puerto Rico only) g) Highest adjacent(finished)grade(HAG) .Q[ t ❑meters(Puerto Rico only) SECTION D-SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. ❑Cryrycck here if comments ar rovided on back of form. •, / L Vv��ts1), Go, N>, ,t3a5cAE3 • s '_ Certifiers Name D� /r r \\( ON- �.r-1L-([ 1r1'R-o-to C.1vt A _ License Number _U `Q- 1 -. isle Company Name n �q T, Address • L.O • o1.1'T t -.et-VA S131/01- iF.t�: 'u1 '. ,;; y 3i p' St@le P Code %r.`;rte i 31 ro r Signal e Date _ — Ire.;;4 ••' •, `'i ,l' Telephone £` - f'r FEMA Form 81-31, February 2006 See reverse side for continuation. Replaces all previous editions • —TMPORTA1 TrTn these spaces,copy fhe corresponffing9nTorrnation frorn3ectionr. rarinsrrranceCompanyVse: --- Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number City State ZIP Code Company NAIC Number SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) z Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner. Comments Signature Date ❑ Check here if attachments SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BEE) For Zones AO and A(without BFE),complete Items El-E5. If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A,B, and C. For Items E1-E4,use natural grade,if available. Check the measurement used. In Puerto Rico only,enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement,crawl space,or enclosure)is O feet ❑meters ❑above or O below the HAG. b)Top of bottom floor(including basement,crawl space,or enclosure)is O feet O meters ❑above or O below the LAG. E2. For Building Diagrams 6-8 with permanent flood openings provided in Secti¢n,A Items 8 and/or 9(see page 8 of Instructions),the next higher floor (elevation C2.b in the diagrams)of the building is _❑feet LJ meters O above or Lj below the HAG. E3. Attached garage(top of slab)is ❑feet❑meters ❑above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is _❑feet ❑meters ❑above or ❑below the HAG. E5. Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? O Yes ❑ No O Unknown. The local official must certify this information in Section G. SECTION F -PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A,B,and E are correct to the best of my(knowledge. Property Owner's or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments Check here if attachments SECTION G-COMMUNITY INFORMATION(OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A,B,C(or E), and G of this Elevation Certificate. Complete the applicable item(s)and sign below. Check the measurement used in Items G8.and G9. Gl. The information In Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. • G3. The following information(Items G4.-G9.)is provided for community floodplain management purposes. G4.Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7.This permit has been issued for. New Construction Substantial Improvement G8.Elevation of as-built lowest floor(including basement)of the building: feet meters(PR) Datum G9.BFE or(in Zone AO)depth of flooding at the building site: feet meters(PR) Datum Local Official's Name Title Community Name Telephone Signature Date Comments Check here if attachments FEMA Form 81-31, February 2006 Replaces all previous editions FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION Holton Lakes Sand and Gravel Pit Weld County, Colorado Prepared by: EIV C IVILARTS 1860 Lefthand Circle, Suite A Longmont, Colorado 80501 May 31, 2007 Mr.Mike Hart Hart Environmental P.O.Box 1303 Boulder, Colorado 80306 Reference: Ready Mixed Concrete Co.-Holton Lakes Flood Hazard Permit Application Dear Mr. Hart: Attached is the completed Flood Hazard Development Permit report and application for the proposed Ready Mixed Concrete Company Holton Lakes Sand and Gravel Pit. The application has been prepared and is in conformance with the requirements of Sections 23-2-480 and 23-2.490 of the Weld County Land Use Code. I will be glad to answer any questions or discuss any concerns you may — have. Sincerely, otiThe Office of ���� ,;OIF?' I, CivilArts `� :D '. , el\__ •• 3I r0 Curt Parker, P.E. 4u• .:,e,..•.., • G ` ,:.`' V.P. of Engineering Services 4�„r..w�mwtlJ�ty"' FLOOD HAZARD PERMIT APPLICATION HOLTON LAKES SAND AND GRAVEL PIT PREPARED FOR: READY MIXED CONCRETE COMPANY 14585 BRIGHTON ROAD BRIGHTON, CO. 80601 PREPARED BY: CIVILARTS 1860 LEFTHAND CIRCLE, SUITE A LONGMONT, CO 80501 (303) 682-1131 May 31, 2007 Table of Contents SECTION 1 - INTRODUCTION 1 SECTION 2 - EXISTING FLOODPLAIN 2 SECTION 3 - FLOODPLAIN IMPACTS 3 SECTION 4-WELD COUNTY ZONING ORDINANCE REQUIREMENTS 3 SECTION 5-ALTERATION OR RELOCATION OF WATER COURSE 4 SECTION 6- SUMMARY AND CONCLUSIONS 5 SECTION 7- CERTIFICATION 6 FIGURE 1 - EXISTING FLOOD MAPPING FIGURE 2- EXISTING FLOODWAY MAPPING FIGURE 3- PROPOSED FLOODWAY REVISION FIGURE 4- FLOOD HAZARD DEVELOPMENT MAP Holton Lakes Sand and Gravel Pit 1 Section 1 - Introduction This report has been prepared in order to provide the supporting information for the Flood Hazard Development Permit application as required per Sections 23-2-480 and 23-2-490 of the Weld County Land Use Code. The Applicant, Ready Mixed Concrete Company has applied to Weld County for a Use by Special Review Permit (USR 1608) to mine sand and gravel on the Holton property located near the Town of Fort Lupton, in unincorporated Weld County, Colorado. The operation will be known as the Holton Lakes Pit. The subject property is located in the Sections 6 and 7, Township 1 North, Range 69 West of the Sixth Principal Meridian, Weld County, State of Colorado. The permit area is approximately 298 acres in size, and is located south of Colorado State Highway 52 and west of Colorado state Highway 85. The South Platte River flows from south to north through the property, passing under a bridge for Highway 52 at the north end of the site. The Holton property is proposed to be mined in 5 stages. In order to minimize surface disturbance, mining and reclamation will be conducted concurrently to the greatest extant practicable. The operator will concurrently reclaim pit areas in locations where mining has been completed. Reclamation, including regrading and seeding will be completed in 2 to 3 years following the completions of mining operations in Stages 3, 4 and 5. Stages 1 and 2 will be backfilled to approximate per-mining grades over the 8 to 10 year life of the mine. Dry mining techniques will be used. Initially, a dewatering ditch will be excavated around the perimeter of each mining stage. Groundwater recovered in the dewatering ditch will be discharged in accordance with Colorado/NPDES discharge permit regulations. Prior to dewatering of mining stages 3, 4 and 5, a soil-bentonite slurry wall will be installed around the perimeter of each mining stage. The site will be mined using scrappers and front-end loaders. Excavated sand and gravel will be discharged to a field conveyor system for transport to the on-site processing plant located in the north half of Stage 5. Additional conveyors may be used inside the mine areas to facilitate transport of the resource. Topsoil and overburden will be placed in temporary stockpiles within the mining area limits. Primary access to the Holton Lakes operation will be via an existing farm road access from Colorado State Highway 52. The Highway 52 access will be upgraded per CDOT approved specifications and design. The proposed operation consists of no permanent structures to remain after mining and reclamation of the site. During operation of the pit site, the only habitable facility will be a modular scale house and office, which will be adequately anchored and which r will be built with its lowest floor above the base flood elevation. The scale house and office, along with a portable sand and gravel processing plant, a portable concrete batch plant, fueling station, material stockpiles, and employee parking, will all be Holton Lakes Sand and Gravel Pit 2 located in the Stage 5 mining area in the northeastern corner of the site. Section 2 - Existing Floodplain The 100-year base floodplain (Zone A5) and the subject property are shown on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map Panel # 080266-0981 C, dated September 28th, 1982, and also on the FEMA Flood Boundary and Floodway Map Panel#080266-0012, dated September 28, 1990. For this reach of the South Platte River, a detailed study has been performed, and therefore water surface elevations have been determined and shown for the 1%, or 100-year return period flood event. Please note that the vertical datum that the FEMA maps are based on is referenced to the National Geodetic Vertical Datum of 1929 (NGVD 29), while the site mapping and topography are based on the North American Vertical Datum of 1988 (NAVD 88). For this local, 2.92 fret needs to be added to the NGVD 29 elevation in order to convert to an equivalent NAVD 88 elevation (in other words, a flood elevation of 4998 shown co--- the FEMA flood panels equals an elevation of 5000.92 on the site plan maps). Ft clarity, the 100-year flood elevations shown on the Flood Hazard Development Permit map have been converted to the NAVD 88 datum. The FEMA floodplain mapping shows that the entire Holton property is located within the 100-year floodplain of the South Platte. FEMA map #080266-0012 shows the limit of the 100-year regulatory floodway. As noted on the map, boundaries of the floodway have been computed at cross-sections and interpolated between cross sections. Inspection of the map shows that the western floodway boundary location at cross-section "AK" is almost 800 feet further west than the boundary at cross-section "AJ", however the two cross-sections are only 150 feet apart. In addition, the overall floodplain width and boundaries are almost identical at the two cross-sections. It also appears that the western floodway boundary that has been interpolated between cross-section "AL" and cross-section "AK" has been drawn as a straight line between the two, rather than having a curvilinear alignment that would be expected to correspond with the eastern floodway boundary (that curves eastward to account for main river channel alignment). Based on this review, we would recommend a reconsideration of the western floodway boundary between cross-sections "AL" and "AK" as shown on Figure 3 of this report. This revised estimated floodway boundary results in a small portion of the Holton property in the northwest corner of the site being removed from the floodway zone. Holton Lakes Sand and Gravel Pit 3 Section 3 - Floodplain Impacts The proposed Holton Lakes Pit sand and gravel mining operation and post mining reclamation plan are not expected to create any adverse floodplain impacts. In no case will the proposed pith and reclamation create any rise in flood water surface elevations. Previously constructed riverbank protection and flood control levees will be left in place. Where appropriate, spillways will be provided between the pits and between pits and the river main channel in order to prevent buildup of large differential head. This reduces potential head cutting and helps to prevent post-flood realignment of the main river channel. For lesser and more frequent flood events (smaller than the 100-year flood), the mined pit areas will provide a small amount of beneficial storage of flood water with subsequent (and again small) reduction in downstream flood profiles. Section 4- Weld County Zoning Ordinance Re- quirements Per the supplemental requirements of the Weld County Flood Hazard Development Permit Procedural Guide, the following is an explanation of how Section 23-2-480 of the Weld County Code has been or will be met. 1) 23-5-250. FW(Floodway) District The proposed sand and gravel mining operation and subsequent site reclama- tion will not result in any permanent development within the Floodway Dis- trict zone. No habitable structures are proposed to be located in the floodway (the only proposed habitable structure will be a scale house that will be located outside of the estimated floodway as previously described). All uses and equipment within the floodway zone will be such that they can be removed from the zone prior to flooding (vehicles, excavation equipment, etc.) or will be adequately anchored or protected to prevent becoming debris, potential projec- tiles, or erosion during a flood event (processing plant, concrete batch plant, conveyor systems, material stockpiles, etc.). No development is proposed that would create any rise in estimated water surface elevations during the Intermediate Regional (100-year) Flood. In addition, the proposed use will not limit or restrict the flow capacity of the floodway. 23-5-260. Uses Permitted in the FP-1 and FP-2 Districts Sand and Gravel mining is a permitted Use by Special Review in the underly- ing Agricultural zoning district. Holton Lakes Sand and Gravel Pit 4 2) The only habitable structure proposed will be a temporary scale house that will be located outside of the floodway zone and built so that the lowest floor is at or above the regulatory flood datum. An elevation certificate will be completed for the proposed structure at the time of building permit issuance. 3) No structures are being proposed that would be required to be watertight below the regulatory flood datum, and hence no certification of design capability to resist hydrostatic and hydrodynamic forces is required. 4) No new or replacement domestic water wells or water supply, treatment, or storage systems are proposed. 5) Only temporary sanitary sewer facilities are proposed for use at the site. Portable San-o-Lets will be used in operational pit areas, and as such, they can be removed prior to a flood event to prevent discharge into flood waters. A buried sanitary sewer vault system will be provided for the scale house/office facility, and will be sealed to prevent infiltration of floodwater or discharge from the system into floodwaters. 6) No encroachments, including fill, new construction, substantial improvements, and other developments are proposed that would result in any increase in flood levels during the occurrence of the intermediate regional flood. '7) No use is being proposed that would limit or restrict the flow capacity of the floodway. 8) No fill material, with the exception of temporary material stockpiles will be used in the FP-1 or FP-2 (Floodprone) Districts. All temporary stockpiles will be placed and orientated so as not to be exposed to erosional forces associated with the intermediate regional flood. Section 5- Alteration or Relocation of Water Course No uses are being proposed that would be expected to result in alteration or relocation of the South Platte River water course. No mining or operations will take place within the existing river main channel alignment, and existing river bank protection (armoring) and river alignment levees will be left in place. Appropriate measures, including side channel spillways, setbacks from the main river channel, and separation between mining stages and proposed reclaimed pit areas are proposed in order to discourage "capture" and realignment of the main river channel during the intermediate flood event. Holton Lakes Sand and Gravel Pit 5 Section 6- Summary and Conclusions • The proposed Holton Lakes Sand and Gravel Pit mining and reclamation will be in conformance with all applicable standards specified in Section 23-2-480 of the Weld County Code. • The proposed mining and reclamation plan has been designed to minimize adverse floodplain impacts to the greatest extent practical. • The proposed mining and reclamation plan will not cause any changes on downstream or upstream flooding conditions. • The proposed mining and reclamation plan will not create any measurable rise in estimated flood profile or water surface elevations of the intermediate regional (100-year) flood. • No permanent structures are proposed to be located within the FP-1 or FP-2 (Floodprone) District. Holton Lakes Sand and Gravel Pit 6 Section 7- Certification As required by the Supplemental Requirements for a Flood Hazard Development Permit and Section 23-2-490 of the Weld County Code, I certify that the following standards have been met: 1. All new or replacement domestic water wells or water supply, treatment, or storage systems are designed to prevent inundation or infiltration of floodwa- ter into such system by an intermediate regional flood (an elevated bottled water supply will be provided within the proposed modular scale house struc- ture) 2. All new or replacement sanitary sewer treatment systems, including individual sewage disposal systems, are designed to prevent inundation or infiltration of floodwater into such system and to prevent discharges from such systems into the floodwaters of an intermediate regional flood. 3. No encroachments, including fill, new construction, substantial improvements, and other development are proposed that would result in any increase in floc— levels during the occurrence of an intermediate regional flood. 4. The proposed use will not limit or restrict the flow capacity of the floodway. 5. Fill material is designed to withstand the erosional forces associated with an intermediate regional flood. Certified By: Curtis D. Parker, Colorado Registered Professional Engineer#30598 a 0 111IIIIl//////y • , to Cm% 31/01- •:$4 ///liliuiiuttIU\\\1\\ 2tuddayk u►uidpooj j 2ur;stxa -t aan3i3 it • —_-\ t`= € arc ma g O .�00 v_1cc ca iei Vo c. ..-'Cr) t., g,o 25 • ca me z ea .ii A °z cn cr_ w. E 1 e .3zo Ei • OO 4:r• CC g ;.of vMe Vi = Z ea � n d.0 � "� E .G YY � o CC = A O O !�fr 1 cc ,C • acc t b c c E NC Lu 4! 3 a CA ..yw W o � cx" u X �— z 1 E�' 0 CO 0 c" m u 4' re h�l V mz So=as Q _o O la C.T1 O O W G C09 d .. 8f E:i G a. 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