HomeMy WebLinkAbout20062851.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 THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide 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 DESCRIPTION: Township 2 N, Range 68 West , Section 16 , NE 1 /4
PARCEL NUMBER: 1 3 1 3 1 6 0 0 0 0 1 0 (12 digit number-found on Tax I.D. Information or
obtained at the Assessor's Office).
,. 2. Surface owner(s)of area of land described
Name: Mineral Reserves , Inc . Address:P .0 . Box 2158$ione:303-657-4330
Name: attn : Eric Reckentine Address:Denver , 80221Phone:
3. Owner(s) of mineral rights or substance to be mined
Name: Same as above Address: Phone:
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
See attached Warranty Deed and Affadavit
(Include certified copy of any document(s) noted
5. Applicant's address: Lafarge West , Inc . Phone:303-657-4330
Address: 1400 W 64th Ave . Denver , CO 80221 Phone:
attn: Eric Reckentine
6. Identify any prior permits for mining held by applicant or affiliated person:
U5 kit- 134C9 )119 3q i, S % 1132 - -
7. Description of Operation
A. Types and number of operating and processing equipment to be used Conveyor s , ( 1 ) g
grader , 1 dozer , 2 loaders , 1 portable toilet , 1 backhoe , 2
scrapers .
B. Maximum number of employees: 6 ,and numberof shifts: 1
14 EXHIBIT
2006-2851 1 2-
C. Number of stages to be worked: 2 , and periods of time each is to be worked phase 1 =
1 year , phase 2 = 2 years
D. Thickness of mineral deposit: 13 - 18 feet, and thickness of the overburden: 2 - 5 ft
E. This will be a wet/dry pit operation. wet pit with dewatering
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Excavated sand & gravel will be
conveyed to anoff-site processing plant from which finished
products will be delivered to customers . Truck crossing on WCR
8. Description of reclamation
A. Proposed reclamation landuse(s):Multi-use including : wildlife habitat and
recreational ponds
B. Sourceoftechnicaladviseforreclamation: Colorado Division of Minerals & Geology
Lafarge West , Inc . , Hart Environmental
C. Explanation of Reclamation Process: Side slopes of excavated areas will be
backfilled to 3 : 1 slopes and revegetated. All disturbed
areas will be seeded.
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
Signature: Owner/Authorized Agent
Rev: 1-9-01
15
Affidavit
As per the Warranty Deed dated April 7, 2000 Mineral Reserves, Inc., a subsidiary of the
Lafarge Corporation, is owner of Section 16, Township 2 North, Range 68 West, 6th
Principal Meridian, Weld County, Colorado. Mineral Reserves, Inc. grants Lafarge
West, Inc. the legal right to enter for the purposes of mining and reclamation and the
authority to apply for all zoning and permits required for such operations.
Signed: C/_ Date: / ° -(9 3
The forgoing instrument was acknowledged before me this 3day of ,c,/o(/ ,70C S�
OP `O AR 0,l� ep/�4ItZC �ZG'
•
:9 Notary Public
•
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9�'•:a:BV:•'P My Commission Expires: /2',y v C_y
Op COUP
CortuniAt —ores 12/242003
APPROVAL
OF
USR PERMIT/RECORDED EXEMPTION—Permitting for the Duckworth property
The Weld County Use By Special Review and Recorded Exemption submitted by
Lafarge West, Inc. the 4th day of November, 2003 for the 56.5 acre parcel of Duckworth.
Each of the following individually are authorized Agents, and are hereby authorized to
execute, deliver, and implement the Recorded Exemption and USR Permit and perform
all acts and to execute all documents necessary or appropriate and to execute all other
agreements or documents incidental to the Permit.
Todd Ohlheiser
Emmanuel Rigaux
Eric Reckentine
APPROVED:
Robert Cartmel, Director an President
Lafarge West, Inc.
Date: ti - to c 3
AND
Dan Fr s, Director and Vice President
Lafarge West, Inc.
Date: /7- j& C'3
ATTEST:
r J
Gary J. Tuttl , Assistant Secretary
Lafarge West? Inc.
Date: t t l�rt D3
*tit'
�„ Notice of Inquiry
I I Development within an Intergovernmental Agreement
Urban Growth Boundary
COLORADO
Date of Inquiry: III 1 3/a J Planner: CrNA--ci4
Town Referred to: LII Ordinance #:
- U ,� r-.v ^� 1 —
Name of Person Inquiring: C 2t c" k ;e ..,T( & Legal Description: t_.. 3 Cr 3 11 P7 1‘)E y
/ r I Legal tt, " '�-t`
(��}rrin t-vcsr. ( "'L 9 I NA 3 ' ' cC,c'c"O
Property Owner: r,/f ,"i,rAL 0: vim_ S Iv Major Crossroads: j_0 IL 1- 7
Type of Inquiry: (;n_Avo 0/1,-..,;..6 -
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: 4,,,,,...r / Vlc'„cj-„vial/` 4 5 (•, ,s-4/-,4e.,,r, , A„i„-- /4,
�.N Iwo „"}U.-.) S - /�i,'MG / r. �,^;S,c /+g �a,z /x Ls O2 i/-F. x?.F , arcs•
"T o .5 y r cF R/iS
r
Town/City Comments: ' -'/: (/'ft ngi
❑ 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.
o Mead, Kersey, Milliken, LaSalle, Fort Lupton, and Dacono/Erie Intergovernmental Agreements: Has the person
petitioned for the parcel to be annexed to the Town/City of ? 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:
Sig re q Weld County Planner Si ature of T wn/City 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 4-1555 N. 17th Avenue,Greeley,CO 80631 4- (970)353-6100, Ext.3540)•:•(970)304-6498 Fax
LAFARGE WEST, INC.
DUCKWORTH PIT
SAND AND GRAVEL USR
Weld County
Colorado
Prepared by:
Lafarge West, Inc.
Front Range Aggregates
Land and Resource Department
GL#411.1
October 2003
USR APPLICATION 2
APPLICATION FORM 2
DESCRIPTION OF MINING OPERATIONS 3
STATEMENTS 8
USE BY SPECIAL REVIEW QUESTIONNAIRE 10
DEVELOPMENT STANDARDS 14
EXTRACTION STANDARDS 16
WELD COUNTY ROAD ACCESS INFORMATION 17
RIGHT TO MINE SAND & GRAVEL 18
SOILS REPORT 19
SURFACE OWNERS WITHIN 500 FEET 20
MINERAL OWNERS 21
MAPS 22
Duckworth Pit
Weld County USR Permit
Page I of 22
Description of Mining Operations
General
The proposed Duckworth property permit boundary will encompass 56.5 acres; mining
activities are anticipated to disturb approximately 50 acres. An existing mining operation
lies immediately to the south of this property. Pastureland lies to the west, low-density
residences to the north and east. The property is located North of Weld County Road 20 '/2,
West of Weld County Road 7.
The deposit consists of alluvial sand and gravel overlain by topsoil and overburden. The
topsoil and overburden layer ranges in depth from 2 to 5 feet with an average thickness of
3.6 feet. The sand and gravel deposit varies in thickness from 13 to 18 feet; the average
thickness is 15 feet. The deposit is underlain by a sandy siltstone. The maximum depth of
excavation will be 25 feet. Overburden volumes have been calculated at 148,000 bank
cubic yards and will be used for reclamation. Resource deposit is estimated to be
1,500,000 tons.
The groundwater level lies 3 to 6 feet below natural ground level. The deposit is therefore
classified as a wet alluvial deposit. However, mining operations will be carried out
following dewatering. The sand and gravel is catalogued in the report Sand, Gravel, and
Quarry Resources, Colorado Front Range Counties (Colorado Geologic Survey, 1974).
Mining Method
Dry mining techniques will be used at Duckworth. Initially, a dewatering ditch will be
excavated around the perimeter of the active mining area. Groundwater recovered in the
dewatering ditch will be discharged in accordance with Colorado/NPDES discharge permit
regulations.
The deposit will be mined in two phases. Topsoil and overburden will be stripped with
scrapers or dozers and placed separately in temporary stockpiles within the mining area
limits.
The aggregate will be mined using front-end loaders. Mined material will be loaded on a
conveyor system for transport to Cottonwood, an existing DMG permitted site (M-1988-
042) located immediately south, for processing with a portable screen and crusher.
Additional conveyors may be constructed inside the mine areas to facilitate transport of the
resource. The mining face will be nearly vertical to 'A : 1 slope. Direction of mining will
be from the east to the west, and will progress down to the siltstone bedrock.
Access and haulage roads required for the proposed operations are already in existence.
We are not proposing to haul any material from the site. Weld County Road 2 %2 will be
used to move the scrapers and loaders from the Cottonwood site to the proposed
Duckworth operation.
Duckworth Pit
Weld County USR Permit
Page 3 of 22
Mining Schedule
Mining is currently projected to occur at the rate of approximately .5 tons/year. Based on
an estimated reserve of 1.5 million tons, mining will be completed in approximately three
years from the start of operations. Mining is currently projected to commence in the winter
of 2005.
The following is the approximate acreage and time for mining each phase:
Acres per Phase Time for Mining (years)
Phase I 14 1
Phase II 30 2
Total 44 3
The following equipment and facilities will be utilized in this operation:
Conveyors (2250 ft) Dozer(1) Back Hoe (1)
Graders (1) Loaders (2) Scrapers (2)
Stacking Conveyors Portable Toilet (1)
In order to gain an understanding of the extent of the mining operation, it is helpful to
know the acres disturbed by different aspects of the mine. The point in time where the
mining disturbance could be at its maximum, during the end of Phase II, has been selected
to illustrate the various acres of disturbance:
A. Stripped overburden and topsoil in anticipation of mining 15 acres
B. Active mining area 15 acres
C. Topsoil stockpiles 1 acre
D. Roads 1 acre
E. Backfilled with stockpile 7 acres
F. Seeded 6 acres
G. Reseeded for 20% non-germination 1 acres
Maximum Total Disturbance: 46 acres
Surface Water Management
All mine areas will drain internally. Uncontrolled releases of surface water and sediment
from mining areas will not occur. Stormwater collected in the open pit will be managed in
accordance with Colorado/NPDES discharge permit requirements. Sediment generated
from localized stormwater runoff and surface drainage will be detained in the ponds
already existing at the previously permitted Cottonwood Pit.
Existing water rights at the existing Cottonwood site will be used for dust control
operations along the roads and stockpiles at Duckworth. It is estimated that 2500 gallons a
week will be required to limit dust emissions. The water will be supplied using a 2500-
gallon water truck.
Duckworth Pit
Weld County USR Permit
Page 4 of 22
Idaho Creek is located within the property, 650 feet from the eastern boundary, and will not
be disturbed by the mining operation.
The Smith-Emmons ditch is located 200 feet from the western property boundary and will
be relocated along the western edge of the property. The mining boundary minimum offset
from the western property line is 10 feet. Once the deposit is removed, overburden will be
compacted for the new ditch according to engineered build plans taking into consideration
water flow rates and allowing for the 70-foot easement.
Sand and gravel are the primary minerals produced. Principal intended use of the mined
products is construction aggregates.
Post-Mining Land Use
The majority of the site is within the 100-year floodplain of Boulder Creek. 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 use as
proposed in this Reclamation Plan consists of open water for recreational purposes and
wildlife habitat. The open water created will consist of two unsealed ponds, approximately
30 and 14 acres. The remaining area, approximately 11 acres, will be vegetated to provide
wildlife habitat. These uses are compatible with the surrounding land uses and with the
Weld County planning goals.
Lafarge West, Inc. will concurrently reclaim pit wall areas in locations where mining has
been completed, according to phases outlined in the Mine Plan. Reclamation, including
regrading and seeding, will be completed in 2 to 5 years following the completion of
mining operations. The mining will leave no highwalls on the property. No acid forming
or toxic materials are used or encountered in the mining. There will be no auger holes,
adits, or shafts left on the site.
Reclamation Measures—Material Handling
Site reclamation measures are illustrated in Exhibit F. Reclamation of the site will include
the creation of unsealed ponds. All pit walls will be re-graded with stockpiled overburden.
Slopes within 5 feet above to 10 feet below the post-mine water level will be no steeper
than 3H:1 V. Topsoil will be spread over the surface of the re-graded slopes in all areas
above the post-mining lake level; all topsoil-covered surfaces will be revegetated.
Disturbed areas associated with site access and the conveyor will be scarified, covered with
topsoil, and revegetated. Topsoil will be replaced, where required, in reclaimed areas at a
depth of approximately three to six inches.
Site grading will be performed to create stable topography that will be consistent with post-
closure land uses. Reclamation quantities and costs are summarized in Exhibit L.
Duckworth Pit
Weld County USR Permit
Page 5 of22
Water
Overburden and mine materials will be inert and impacts to local surface water or
groundwater quality are not anticipated to occur as a result of the development or
reclamation of the proposed expansion area. Lafarge West, Inc. will comply with all
applicable Colorado water laws and all applicable Federal and State water quality laws and
regulations.
Wildlife
Presently, the area is used for livestock grazing. However, some indigenous species may
be temporarily displaced by the proposed mining activities. Existing riparian habitat areas
will be undisturbed by the operation.
Topsoiling
Topsoils in the proposed mine areas are predominantly aquolls, aquents, and sandy loam.
These soils will be stripped and stockpiled during overburden removal and retained for
replacement during site reclamation. Topsoil will be replaced, where required, in
reclaimed areas at a depth of approximately three to six inches.
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. The Soil Conservation Services (SCS) will be contacted
periodically throughout reclamation for soil tests. SCS soil fertilizer recommendations, if
any, will be followed.
Re vegetation
Following topsoil replacement, reseeding will be performed according to SCS
recommended practices. Based on SCS guidance for other local projects having similar
surficial soils, the following revegetation procedures are anticipated:
• Grass seed will typically be planted in unfrozen soil between October 1 and
April 30.
• Grass seed will be planted with a grass drill, or where necessary, with a
broadcast seeder.
• 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 post-mining lake, marsh and aquatic plants will establish
themselves. The species of plants anticipated to occur naturally along the lake shoreline
Duckworth Pit
Weld County USR Permit
Page 6 of 22
include cattails, willows, cottonwoods, and bulrushes. These plants should minimize shore
erosion potential.
If a significant invasion of noxious weeds occurs, the area will be mowed periodically for
control. Weeds will be mowed before they go to seed during the first growing season.
Mechanical control will be used as a first priority. Chemical methods will be used only if
no other alternative produces acceptable results.
Seed Mix for Upland Areas
Scientific Name Common Name Variety' Seeding Rate
(PLS lb/ac2)
PERENNIAL GRASSES
Bromus inermis Lincoln Smooth Brome 4
Agropyron cristatum Hycrest Crested Wheatgrass 4
Elymus dahuricus Dahurian Wildrye 4
Dactylus glomerata Profile Orchardgrass 3
Lolium perenne Tetraploid Perennial Ryegrass 3
Elytrigia intermedia Oahe Intermediate Wheatgrass 2
FORBS
Achillea lanulosa Western Yarrow 0.1
Dalea purpurea Purple Prairie Clover 0.1
Linum lewisii Lewis's Blue Fax Appar 0.1
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 seeding.
Technical advice was obtained from Lafarge West, Inc., the Colorado Division of Minerals
and Geology, Hart Environmental, Scott Cox & Associates, and Keammerer Ecological
Consultants.
A certified list of property owners within 500 feet of the parcels to be permitted is included
with this USR application. A certified list of mineral owners and lessees of minerals on or
under the parcels to be permitted is also included with the application.
No new drainage structures or modification of existing drainage structures will be required
as a result of this application.
No new haul roads will be constructed for this application. Excavated sand and gravel will
be transported to the Cottonwood plant by conveyor.
Duckworth Pil
Weld County USR Permit
Page 7 of 22
Statements
The proposed use is consistent with the Weld County Comprehensive Plan. . Sand and
gravel mining is currently taking place to the southwest of the Duckworth parcel and is
complete in an area further southwest. The Duckworth property has been historically used
as pasture. The extraction of sand and gravel resources will not result in the loss of prime
agricultural land.
The Duckworth property is located southwest of the Del Camino Mixed Use Development
(MUD) area. Post mining conditions will be compatible with existing and proposed
adjacent land uses. Riparian habitat areas are minimal and will be undisturbed by the
proposed mining areas. Following mining, the Duckworth Pit will provide significant
wildlife habitat as well as an enhanced landscape and visual aesthetic.
Important sand and gravel resources have been identified for this area in the Weld County
Comprehensive Plan. Sand and gravel mining is currently a significant land use along this
section of Boulder Creek.
The operator, Lafarge West, Inc., will continue to provide tax revenues and employment
opportunities to the area. In addition,the Duckworth Pit sand and gravel operation does
not require any county resources; rather, the operation provides significant aggregate
resources needed to meet the growth demands of the area.
The Duckworth property is located outside of any designated urban growth and
development areas in southwest Weld County. Existing uses in the vicinity of the
Duckworth property include sand and gravel mining, agricultural, oil and gas production,
recreational, and low-density residential. The Weld County Comprehensive Plan identifies
the sand and gravel resources found on the Duckworth property. The recovery of these
commercial sand and gravel resources is consistent with Weld County's goals related to
such resources, which state at CM. Goal 1, "Conserve lands which provide valuable natural
mineral deposits for potential future use in accordance with Colorado State Law."
Certain productive agricultural lands in the "A" zoned district will be lost due to the
proposed mining operation associated with the Duckworth property. It is often difficult, if
not impossible, to recover sand and gravel resources without affecting the agricultural uses
that occur on the surface of the land to be mined.
All mining and processing operations will be carried out in accordance with applicable
permits. The project is not anticipated to pose risks to the health and safety of local
residents of Weld County.
Currently, local land uses include agricultre, oil and gas production, sand and gravel
mining, and low-density residential. The permitted use will be compatible with existing
Duckworth Pit
Weld County USR Permit
Page 8 of 22
uses. Reclamation of the site will include wildlife habitat and recreational ponds, uses that
are compatible with other local reclaimed sand and gravel areas.
As stated above, the Duckworth property contains commercially recoverable sand and
gravel resources that have been identified on the Weld County Sand and Gravel Resources
Map, which was prepared by the Weld County Planning Commission. Furthermore, the
extraction of this commercially recoverable sand and gravel deposit is consistent with the
goals and policies as stated in the Weld County Comprehensive Plan. Finally, the
Reclamation Plan and post-mining use of wildlife habitat and recreational ponds are
compatible with existing and future development in this part of Weld County.
The site is partially located within the 100-year floodplain of Boulder Creek. The area is
designated as Zone "A", corresponding to Flood prone Zone FP-1, base flood elevations
and other flood hazard factors undefined.
The proposed mining is not anticipated to have adverse impacts on local flood hazard
potential. The post-mining ponds will increase local flood storage capacity and reduce
downstream flood hazards.
The proposed expansion area does not lie in the airport overlay or geologic hazard overlay
districts.
Existing water supplies, see purchased water rights in attached Warranty Deed, are
adequate for processing operations. No change in the type or rate of processing is propsed
as part of this operation.
See attached warranty deed.
No increases in equipment usage or changes from the existing mining operation at
Cottonwood are proposed as part of this application. Therefore, no increases to existing
ambient noise levels are anticipated.
Duckworth Pit
Weld County USR Permit
Page 9 of 22
Use by Special Review Questionnaire
1. Explain, in detail, the proposed use of the property.
Answer: The proposed Duckworth Sand and Gravel Mining and Reclamation Plan
by Lafarge is the continuation of a 25-year history of sand and gravel mining in this
area by the Company and its predecessor. Currently, Lafarge is mining and
reclaiming land southwest of the Duckworth property at what is commonly known
as the Shaw Pit (DMG Permit M-2001-094).
Mining as the Shaw Pit is estimated to be completed by the end of 2004. In
anticipation of the depletion of the Shaw Pit sand and gravel reserves, Lafarge
desires to recover the sand and gravel reserves found on the Duckworth property.
Once all approvals have been obtained, the Company would like to begin mining
the Duckworth property before the end of 2004. Sand and gravel excavated from
the Duckworth parcel will be placed on field conveyor system, which will then
transport the sand and gravel to the Cottonwood Pit (USR #488) for processing and
distribution to customers. Mining activities on the Duckworth parcel are estimated
to last for three years, with reclamation scheduled to be completed within 3 years of
the completion of mining. All timeframes are under the assumption there will not
be a significant decline in regional construction activity over the next three years.
To summarize, Duckworth sand and gravel reserves will be used to replace
the depleted reserves of Shaw Pit. The life of this proposed mining operation is a
relatively short three years. Mined sand and gravel will be transported by conveyor
to an off-site processing plant. The commercially recoverable sand and gravel
resources found on the Duckworth property have been previously identified as such
by Weld County, the recovery of which is consistent with the goals of the County's
Comprehensive Plan. The proposed use is compatible with that Plan and the
existing uses in the area, and will not adversely affect the health, safety, and welfare
of the inhabitants of Weld County.
2. Explain how this proposal is consistent with the intent of the Weld County
Comprehensive Plan, Chapter 22 of the Weld County Code.
Answer: The proposed use is consistent with the Weld County Comprehensive
Plan. Sand and gravel mining is currently taking place to the southwest of the
Duckworth parcel and is complete in an area further southwest. The Duckworth
property has been historically used as pasture. The extraction of sand and gravel
resources will not result in the loss of prime agricultural land.
The Duckworth property is located southwest of the Del Camino Mixed Use
Development (MUD) area. Post mining conditions will be compatible with existing
and proposed adjacent land uses. Riparian habitat areas are minimal and will be
undisturbed by the proposed mining areas. Following mining, the Duckworth Pit
will provide significant wildlife habitat as well as an enhanced landscape and visual
aesthetic.
Duckworth Pit
Weld County USR Permit
Page/0 of 22
Important sand and gravel resources have been identified for this area in the
Weld County Comprehensive Plan. Sand and gravel mining is currently a
significant land use along this section of Boulder Creek.
The operator, Lafarge West, Inc., will continue to provide tax revenues and
employment opportunities to the area. In addition, the Duckworth Pit sand and
gravel operation does not require any county resources; rather, the operation
provides significant aggregate resources needed to meet the growth demands of the
area.
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 Duckworth property is located outside of any designated urban growth
and development areas in southwest Weld County. Existing uses in the vicinity of
the Duckworth property include sand and gravel mining, agricultural, oil and gas
production, recreational, and low-density residential. The Weld County
Comprehensive Plan identifies the sand and gravel resources found on the
Duckworth property. The recovery of these commercial sand and gravel resources
is consistent with Weld County's goals related to such resources, which state at Cm.
Goal 1, "Conserve lands which provide valuable natural mineral deposits for
potential future use in accordance with Colorado State Law."
4. What types of uses surround the site? Explain how the proposed use is consistent
and compatible with surrounding land uses.
Answer: Uses currently surrounding the Duckworth parcel includes sand and gravel
mining to the south and limited agricultural (pasture) uses to the west and east.
Low-density residential on previously mined and reclaimed sand and gravel lies to
the north. The Duckworth property is located outside of any designated urban
growth and development areas in southwest Weld County. Existing uses in the
vicinity of the Duckworth property include sand and gravel mining, agricultural, oil
and gas production, recreational, and low-density residential. The Weld County
Comprehensive Plan identifies the sand and gravel resources found on the
Duckworth Property. The recovery of these commercial sand and gravel resources
is consistent with Weld County's goals related to such resources, which state at CM
Goal 1, "Conserve lands which provide valuable natural mineral deposits for
potential future use in accordance with Colorado State Law."
5. Describe, in detail, the following:
a. How many people will use this site?
Answer: The only people using this site will be employees of the Company.
b. How many employees are proposed to be employed at this site?
Answer: Six (6)
Duckworth Pit
Weld County USR Permit
Page 11 of 22
c. What are the hours of operation?
Answer: Daylight hours except in the case of public or private emergency
or repairs to any equipment. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities
located on the property.
d. What type and how many structures will be erected (built) on this site?
Answer: Temporary portable field conveyors, portable feeder for the
conveyor system.
e. What type and how many animals, if any, will be on this site.
Answer: None
f. What kind (type, size, weight) of vehicles will access this site and how
often?
Answer: Pick-up trucks (2,500—4,000 lb.) for employee access on a regular
basis.
g. Who will provide fire protection to the site?
Answer: Mountain View Fire Protection District
h. What is the water source on the property?
Answer: If needed, bottled water will be provided for domestic use. The
property has been historically irrigated with water rights from the Smith &
Emmons ditch.
i. What is the sewage disposal system on the property?
Answer: The applicant will provide portable sanitary facilities to this site as
needed.
j. If storage or warehousing is proposed, what types of items will be stored?
Answer: Sand, gravel, and overburden, including topsoil, will be
temporarily stockpiled on site from time to time.
6. Explain the proposed landscaping for the site.
Answer: No landscaping is proposed for this site.
7. Explain any proposed reclamation procedures when termination of the Use by
Special Review activity occurs.
Answer: The Duckworth property will be reclaimed according to the Reclamation
Plan as approved by the Colorado Division of Minerals and Geology. Included
Duckworth Pit
Weld County USR Permit
Page 11 of 11
with this permit application is a copy of the Reclamation Plan drawing for the
Duckworth Pit.
8. Explain how the storm water drainage will be handled on the site.
Answer: Storm water drainage will be directed into the excavated pits, which will
serve as storm water detention basins.
9. Explain how long it will take to construct this site and when construction and
landscaping is scheduled to begin.
Answer: Mining and reclamation of the Duckworth Pit is estimated to take
approximately 3 years, final vegetation reclamation will occur after mining is
complete.
10. Explain where storage and/or stockpile of wastes will occur on this site.
Answer: No wastes will be generated at nor stockpiled on this site.
Duckworth Pit
Weld County USR Permit
Page 13 of 22
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 VII 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 Mountain View Fire Protection District,
the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers.
12. 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.
Duckworth Pit
Weld County USR Permit
Page 14 of 22
13. "No Trespassing" signs shall be posted and maintained on the perimeter fence to
clearly identify the boundaries of the site.
14. No excavation or processing shall occur within 10 feet of the boundary of an
adjacent property, easement, or irrigation ditch.
15. No excavation or processing shall occur within 125 feet of any existing off-site
residence.
16. Lighting provided for security and night operation on the site shall be designed so
that the lighting will not adversely affect surrounding property owners.
17. The site shall be maintained in such a manner so as 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.
18. Existing trees and ground cover along public road frontage and drainageways 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.
19. Where topsoil is removed, sufficient arable soil shall be set aside for respreading
over the reclaimed areas.
20. The property owner or operator shall be responsible for complying with Design
Standards of Section 23-2-240 of the Weld County Zoning Ordinance.
21. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 23-2-250 of the Weld County Zoning Ordinance.
22. 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 comply with
the Development Standards stated herein and all applicable Weld County regulations.
23. The Special Review area shall be limited to the plans shown herein and governed
by the foregoing Standards and all applicable Weld County regulations. 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 othed changes shall be filed in the office of the
Department of Planning Services.
24. The property owner or 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.
Duckworth Pit
Weld County USR Permit
Page 15 of 22
Extraction Standards
1. No excavation or processing sand and gravel shall be permitted nearer than ten (10) feet
to the boundary of adjacent property, irrigation ditch, or easement, and within 125 feet
of an existing off-site residence.
2. All sand and gravel 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 the
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 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 drainageways shall be
preserved, maintained, and supplemented if necessary for the depth of the setback.
5. Insofar as practicable, 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 sand and gravel operations to public highways, roads, or streets,
or to adjoining residential structures 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. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over
the excavated area.
8. Rock crushers, screens, feeders, conveyors 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.
9. 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.
10. 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.
Duckworth Pit
Weld County USR Permit
Page/h of 22
WELD COUNTY ROAD ACCESS INFORMATION
See attached.
Duckworth Pit
Weld County USR Permit
Page 17 of 22
Weld County Planning Department
GREELEY OFFICE
LAFARG E
NORTH AMERICA JAN 0 9 2004
Construction Materials RECEIVED
January 7, 2004 Certified Mailing#7002 3150 0001 7649 9662
Jacqueline Hatch
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
RE: USR-1455 Special Review Permit; Application Process Continuance Request
Dear Ms. Hatch,
Lafarge is requesting a two-month continuance on the Duckworth Pit application, USR-1455, to
come to agreement with the Smith & Emmons Ditch Company regarding the specifics and final
design of the ditch relocation. The current mine plan requires the relocation of the Ditch,
however Lafarge must enter into a written agreement with the Ditch Company prior to relocation.
Lafarge will not be able to reach an agreement with the Ditch Company prior to the Public
Hearing before the Weld County Planning Commission on Tuesday, February 17, 2004, and is
requesting the hearing be postponed until April.
I appreciate your assistance in this manner. If you have any questions, please do not hesitate to
call me at (303) 657-4421.
Best Regards,
/
Suzanne Janzt n-
Land Specialist
Weld County Recorded Exemption
LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials
1400 West 64th Avenue, Denver,Colorado 80221
Telephone:(303)657-4000 Facsimile:(303)657-4037
fLAFARG E
NORTH AMERICA
Construction Materials
March 12, 2004 Certified Mailing#7003 0500 0004 8522 8464
Jacqueline Hatch
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
RE: USR-1455 Special Review Permit; Application Process Continuance Request
Dear Ms. Hatch,
Lafarge is requesting an additional two-month continuance on the Duckworth Pit application,
USR-1455, to come to agreement with the Smith & Emmons Ditch Company regarding the
specifics and final design of the ditch relocation. The current mine plan requires the relocation of
the Ditch, however Lafarge must enter into a written agreement with the Ditch Company prior to
relocation.
Lafarge will not be able to reach an agreement with the Ditch Company prior to the Public
Hearing before the Weld County Planning Commission on Tuesday, April 20, 2004, and is
requesting the hearing be postponed until June.
I appreciate your assistance in this manner. If you have any questions, please do not hesitate to
call.
Best Regards,
Suzanne en
Land Specialist
Weld County Recorded Exemption
LAFARGE NORTH AMERICA INC. —Lafarge Construction Materials
1400 West 64th Avenue, Denver,Colorado 80221
Telephone:(303)657-4000 Facsimile:(303)657-4037
JAFARGE
NORTH AMERICA
AGGREGATES, CONCRETE
& ASPHALT
February 8, 2005
Ms. Jacqueline Hatch
Weld County Department of Planning Services
4209 WCR 24 '/2
Longmont, CO 80504
RE: USR-1455 Lafarge West, Inc. Duckworth Property
Dear Ms. Hatch,
This letter has been prepared in response to the Weld County Department of Planning Services
comments to the USR-1455 application. In a letter dated December 13,2003, Kim Ogle
identified areas requiring modification or additional agreements, enclosed are the requested
documents.
Planning Services requested a crossing agreement with Weld County Department of Public
Works, enclosed is a letter from Public Works citing Lafarge's compliance with its requests. The
conveyor will be enclosed to prevent the scattering of resource and has incorporated the design
standards of Public Works. A Right-of-Way Use permit will be submitted prior to installation of
the conveyor crossing, Public Works requested this permit be submitted once additional details
regarding the date of installation and assigned contractor are known.
Planning Services requested a written agreement with the Smith and Emmons Ditch Company
regarding the ditch relocation on the property. Enclosed is a signed and fully executed copy of
the agreement. Also included is a letter from the attorney representing the Rural Ditch, users of
the Idaho Creek, stating they have no prescriptive easement for the portion crossing the
Duckworth property.
The conveyor crossing over WCR 20 '/2 will neither cross under or over the existing power lines
owned by United Power, the power lines will be relocated and buried. Enclosed is an estimate
for relocation provided by United Power. Similar to the Right-of-Way Use permit, the
Application for Electric Service will be submitted to the power company closer to the date of
installation.
The Division of Minerals and Geology approved the Duckworth permit M-2003-09I on
November 8, 2004. The Permit Issuance letter has been enclosed for your review.
Lafarge West, Inc. has incorporated an improved seed mix and native landscape plantings into
the Reclamation Plan, enclosed. The planting plan is one recommended by the Corps of
LAFARGE NORTH AMERICA INC. —Lafarge Construction Materials
10170 Church Ranch Way Suite 200,Denver,Colorado 80021
Telephone: (303)657-4421 Facsimile: (303)657-4037
FARGE
NORTH AMERICA
AGGREGATES, CONCRETE
& ASPHALT
Engineers and Soil Conservation Service and has been approved by the towns of Frederick and
Longmont. Enclosed is a letter from Longmont endorsing the revised reclamation plan. The
property will be screened from adjoining properties through the use of vegetated berms as
indicated in enclosed Reclamation Plan.
The existing residence and outbuildings have been severed through approved Recorded
Exemption RE-3714. The residence will remain separate from the proposed mining operation.
Lafarge and the mineral owner, EnCana, have been negotiating terms of future oil and gas
activities. The agreement is being finalized and will be submitted once signed and executed.
Also included is a copy of the approved Flood Hazard Development Permit, the proposed
activities on the Duckworth property will not affect the base flood elevation in the flood plain.
The documents enclosed in this letter fulfill the application requirements for USR-1455; Lafarge
is requesting a Planning Services review of this application and subsequent Planning
Commission Hearing. Should you have any questions or require additional information, please
do not hesitate to call me at 303-657-4421.
r-• SIB
Best Regards, v L' s'V
Suzanne Janzen
Resource Management Specialist
end: Weld County Public Works letter
Smith & Emmons Ditch Relocation Agreement
Rural Ditch letter
United Power Estimate for Relocation
DMG Permit Issuance
City of Longmont Letter
Reclamation Plan Map
Flood Hazard Development Permit
LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials
10170 Church Ranch Way Suite 200, Denver, Colorado 60021
Telephone: (303)657-4421 Facsimile:(303)657-4037
PUBLIC WORKS DEPARTMENT
11I1 H STREET
\ P.O. BOX 753
GREELEY. COLORADO 3063=
WEBSITE: WWW.CO.WELD.CO.US
C. PHONE (970) 356-4000. EXT. 3750
COLORADO
July 2, 2004
Susan Janzen
LaFarge North America Inc.
1400 West 64`h Ave.
Denver, Colorado 30221
RE: Conveyor Crossing Over WCR 20.5
Dear Ms. Janzen:
TV etter is in response to our phone conversation yesterday. The Weld County Public Works Department has
reviewed your plans to have an overhead aggregate conveyor cross over WCR 20.5. As we discussed yesterday,
LaFarge North America Inc. has complied with all our requests for this crossing. Once a Right-Of-Way Use permit
has been submitted to us, it will be approved and you will be free to work within the Weld County Right-Of-Way at
this location.
Should you need anything further, please feel free to contact me at 970-356-4000 Ext. 3764.
Sincerely,
Ted Ey!
Utility Asent
frc_co dc7
N! '.\PF(LEJ.I ED Gould;cos.be
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS.11 GADDIS & KAHN FAX S03-413-1003
JEFFREY J.KAHN
JOHN W.CADDIS A PROFESSIONAL CORPORATION Meiling address:
BRADLEY A.HALL ATTORNEYS AND COUNSELORS POST OFFICE BOX 978
STEVEN P.JEFFERS LONGMONT,CO 80502-097SWENDY SLEE RLDNIK
ANTON V.DWORAK Street address:
ADELE L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE 515 KIMBARK STREET
EVE L CANFIELD
mwallace@blglaw.com
September 15, 2004
Ms. Erica Crosby VIA FAX: 303 832-8106
Division of Minerals and Geology ORIGINAL WILL FOLLOW BY U.S. MAIL
1313 Sherman Street, Rm. 215
Denver, CO 80203
Re: Application for Duckworth Pit Mining and Reclamation Plan (M-2003-091)
Dear Erica:
As you know, our firm represents the Smith and Emmons Ditch Company. The Ditch Company
objected to Lafarge West, Inc.'s application for the Duckworth Pit Mining and Reclamation Plan
(M-2003-091) because Lafarge intended to relocate the Smith and Emmons Ditch to facilitate
mining of the Duckworth Pit. To relocate the Ditch, the Ditch Company required Lafarge to
execute a written agreement dictating the benefits and obligations of the parties.
On September 13, 2004, the Ditch Company and Lafarge executed the written agreement, which
Lafarge has already forwarded to you. As a result, the Ditch Company no longer objects to
Lafarge's mining of the Duckworth Pit and, hereby, withdraws its objection. Please call or email
if you have any questions or comments.
Best regards,
BERNA , LY N ,AGADDIS & KAHN,
\
a rofessio al o ati
By
Ma oline . a 1 c
MEW:mew
cc: Eric Engelhard, President
Michael Refer, Secretary
Eric Reckentine, Lafarge West, Inc.
F'CL 3\TS\S\SAEDCIDUCKVLT-CROSBY KE DUCKWORTH PIT WITHDRAWL.DOC 9115.04
o4
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3220315 09/20/2004 01:37P Weld County, CO "•
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AGREEMENT TO MODIFY DITCH AND DITCH EASEMENT
SMITH AND EMMONS DITCH COMPANY and LAFARGE WEST, INC.
1. PARTIES. The parties to this Agreement to Modify Ditch and Ditch Easement
("Agreement") are the SMITH AND EMMONS DITCH COMPANY ("Ditch Company"), a
Colorado mutual ditch company, and LAFARGE WEST, INC. ("Lafarge"), a Delaware
corporation. The Ditch Company and Lafarge are jointly referred to as "the Parties."
•
2. RECITALS.
2.1. Mineral Reserves, Inc. ("Mineral Reserves") owns and Lafarge West, Inc.
operates a gravel mine on real property in Weld County, Colorado described in
EXHIBIT A ("Lafarge Property"). The Ditch Company owns the Smith and Emmons
Ditch ("Ditch") and its appurtenant easement for the operation, maintenance, repair and
replacement of the Ditch ("Ditch Easement"). A portion of the Ditch and the Ditch
Easement occurs on the Lafarge Property.
2.2. To facilitate the extraction of sand and gravel from the Lafarge Property, Lafarge
desires to relocate approximately one thousand three hundred and fifty(1350) feet of the
Ditch and to install a one thousand two hundred and fifty(1250) foot long concrete-lined
ditch; three (3) drop structures; six (6) underdrains; one (1) concrete culvert; and one (1)
diversion structure (collectively"Installations").
WHEREFORE, THE DITCH COMPANY AGREES TO ALLOW LAFARGE TO
RELOCATE THE DITCH AND TO INSTALL THE INSTALLATIONS, SUBJECT TO
THE TERMS, CONDITIONS AND COVENANTS SET FORTH IN THIS AGREEMENT.
ACCORDINGLY, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH
IN THIS AGREEMENT, THE PARTIES COVENANT AND AGREE AS FOLLOWS:
3. CONDITIONS PRECEDENT.
3.1. SUBORDINATION AGREEMENT. Prior to construction of the Installations
and to modification of Ditch Company's Ditch Easement, Lafarge shall provide the Ditch
Company with a Subordination Agreement, the form of which is attached hereto as
EXHIBIT B, from any person and/or entity holding a lien, mortgage and/or deed of trust
to the Property described in EXHIBIT A. The Subordination Agreement(s) shall be
recorded in the real property records of Weld County, Colorado, at Lafarge's expense. If
any person and/or entity holds a lien, mortgage and/or deed of trust to the Property
described in EXHIBIT A, then this Agreement shall not become effective unless and
until the executed Subordination Agreement(s) is/are delivered to the Ditch Company.
3.2. CONVEYANCE OF EASEMENT DEED. Prior to construction of the
Installations and to modification of Ditch Company's Ditch Easement, Lafarge shall
.-� provide the Ditch Company with a permanent, non-exclusive easement for the operation,
maintenance, repair and replacement of the Ditch upon, over and across the Lafarge
1 111111 11111 11111 11111 1111111 11111 11111 III 11111 /III 101
3220315 09/20/2004 01:37P Weld County, CO
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Property("Ditch Maintenance Easement") from Mineral Reserves. Mineral Reserves
shall effectuate this grant by executing an easement deed ("Easement Deed") the form of
which is attached hereto as EXHIBIT C. This Agreement shall not become effective
unless and until the executed Easement Deed is delivered to the Ditch Company.
4. CONSTRUCTION.
4.1. Lafarge shall be responsible for the realignment of the Ditch over the Lafarge
Property and the completion of the Installations pursuant to the plans and specifications
("Plans") approved by Ditch Company attached hereto as EXHIBIT D.
4.2. Lafarge agrees that the construction of the Installations permitted hereunder shall
proceed expeditiously and with reasonable diligence from the commencement of
construction to its completion. Lafarge shall commence construction of the Installations
no earlier than the date of the execution of this Agreement and the fulfillment of the
conditions precedent described in¶3, whichever occurs later, and shall complete the
construction no later than December 31, 2007. If the Installations are not completed by
December 31, 2007, then this Agreement shall expire and be of no force and effect.
4.3. The Installations shall be constructed in such a manner so as not to interfere with
the flow of water through the Ditch to the Ditch Company's shareholders. Lafarge shall
be responsible for the carriage of water, including drainage water, across the land while
the Installations are being constructed. Lafarge shall pay as liquidated damages one
thousand dollars (S 1,000) per day for any day that the Ditch Company has a request for
water from a shareholder or shareholders and cannot deliver water to the shareholder or
shareholders as a direct and proximate result of the construction agreed to herein.
4.4. Upon completion of the Installations, Lafarge shall notify Ditch Company. Ditch
Company shall accept or reject the Installations no later than thirty (30) days after the
Ditch Company has tested the Installations. However, Ditch Company shall not be
required to accept or to reject until and unless all fees billed to Lafarge have been paid
pursuant to ¶9. Ditch Company shall not unreasonably withhold or delay its acceptance.
Ditch Company's acceptance or rejection of the Installations shall be in writing. If the
Installations are rejected, then Ditch Company shall specify the reasons for rejection,
Lafarge shall correct the errors and the above process shall repeat.
4.5. Ditch Company's review and approval of the Plans for the Installations is only for
the purpose of verifying Lafarge's compliance with this Agreement and shall not be
construed or interpreted as a technical review or approval of Installations' actual design
or construction. Ditch Company's review and approval of the Plans is solely for its own
benefit and creates no benefit or right in Lafarge or any third party. By reviewing and
approving the Plans, the Ditch Company is not warranting that the Installations, if
constructed in accordance with the Plans, will comply with any applicable laws,
engineering standards or safety standards. The Ditch Company shall not be liable for any
defects in the Plans. Notwithstanding any consents or approvals given to Lafarge by the
C...D000ME-1\SJANZEN\LOCALS-1\TEMP\C.NOTES.DATA\-4892667.DOC 9/9/04 3'.37 PM MEW
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ill 11111111111111111111111111111111III IIIII IIII1111
3220315 09/20/2004 01:37P Weld County, CO
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Ditch Company on the Plans, Lafarge and its consultants, by preparing any such
documents, shall be solely responsible for the accuracy, completeness and all other
aspects of the Plans.
5. PERMITS AND LICENSES. It is not known whether Lafarge's construction, repair or
replacement of the Installations on the Lafarge Property require any local, state or federal permits
or approvals. It is Lafarge's obligation to investigate and to determine the need for any such
permits or approvals. Prior to beginning construction repair or replacement, Lafarge shall be
responsible, at its own expense, for obtaining all applicable local, state and federal permits or
approvals for constructing the Installations and for complying with all associated local, state and
federal laws and regulations. Permits or approvals include, but are not limited to, land use and
environmental laws and regulations.
6. LICENSE FEE. Lafarge shall pay to Ditch Company a license fee of one thousand
dollars ($1,000) upon execution of this Agreement. The license fee shall be in addition to any
other costs for which Lafarge are responsible pursuant to this Agreement.
7. MAINTENANCE.
7.1. Lafarge specifically agrees and pledges to warrant, to maintain, to repair and to
replace the Installations located within the Ditch Maintenance Easement on the property
described in EXHIBIT A for three (3) years following the Ditch Company's acceptance
of the Installations ("Warranty Period"). After the Warranty Period expires, the Ditch
Company shall maintain, repair and replace the Installations located within the Ditch
Maintenance Easement on the property described in EXHIBIT A.
7.2. Except in the event of an emergency as defined in¶¶7.3 and 7.4, if, during the
Warranty Period, Lafarge fails to maintain, to repair or to replace any portion of the
Installations within the Ditch Maintenance Easement after ten (10) days notice, then the
Ditch Company may, at its own option, conduct its own maintenance, repair or
replacement. Lafarge shall reimburse the Ditch Company for the reasonable cost of such
work within thirty (30) days. In the event that Lafarge fails to maintain, to repair or to
replace the Installations during the Warranty Period, then Lafarge shall be held liable for
any loss, damage or injury to the Ditch Company that is the direct and proximate cause of
said failure to maintain, repair or replace the Installations. If the Ditch Company
conducts its own maintenance, repair, or replacement, then the Ditch Company does not
waive the right to hold Lafarge liable for damages caused by Lafarge's failure to
maintain, to repair and to replace the Installations.
7.3. In the event of an emergency, Ditch Company and/or Lafarge may conduct
immediate maintenance or repair of the Installations within the Ditch Maintenance
Easement, but must give notice to the other parties as soon as possible at the notice
contacts identified in ¶12. If Ditch Company conducts the emergency work, Lafarge shall
reimburse Ditch Company for the reasonable cost of work within thirty (30) days of
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billing. Under no circumstances shall Ditch Company be responsible or held liable for
damages to the Installations resulting from maintenance or repair of the Installations.
7.4. For the purposes of 117.3 7.3 an emergency is defined as: a) a situation that impacts
the ability of the Ditch Company to take delivery of water when such water is legally
available under the laws of the State of Colorado; orb) as a situation that becomes known
that presents an immediate threat to the public health or safety.
7.5. Lafarge shall at all times during the Warranty Period maintain with the Ditch
Company the name, address and telephone number of people who shall be responsible for
fulfilling the maintenance responsibilities set forth in this Agreement. The initial
responsible people will be the following:
Lafarge:
Lafarge West, Inc.
do Eric Reckentine
1400 W. 64th Avenue
Denver, CO 80221
303-657-4330
7.6. Lafarge shall place no additional structures other than the Ditch and the Ditch's
appurtenant facilities shown in the Plans attached as EXHIBIT D within the Ditch
Maintenance Easement without the Ditch Company's prior written approval.
8. INSPECTION.
8.1. Lafarge shall notify Ditch Company at least five (5) days prior to commencing the
initial construction of the Installations. Lafarge shall notify Ditch Company at least five
(5) days prior to commencing construction of any replacement or repair of the
Installations permitted by this Agreement, except for emergency repairs provided for in¶¶
7.3 and 7.4 of this Agreement.
8.2. Ditch Company is permitted to inspect the Installations or replacement and repairs
of the Installations during and after construction. Ditch Company's right to inspect the
Installations or the replacement of the Installations in no way relieves Lafarge of its
liability for improper construction or maintenance. Ditch Company's inspection is solely
for the benefit of Ditch Company and creates no obligation to Lafarge or any third party.
C'.\DOCUME-1\SJANZEN\LOCALS-1\TEMP\C.NOTES DATA\-4892667 DOC 9/9/04 3:37 PM MEW
4
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Clerk Recorder
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Weld County, CO
5 of 19 R 96.00 D 0.00 Steve Moreno
9. REIMBURSEMENT.
9.1. Lafarge shall reimburse the Ditch Company (or pay directly) for the following
costs and expenses: all reasonable attorneys' fees incurred by the Ditch Company in
preparing, approving and enforcing this Agreement; all reasonable engineers' fees
incurred by the Ditch Company reviewing the Plans and inspecting the Installations; and
all costs associated with billing and collecting these amounts for the Ditch Company.
9.2. Costs chargeable to Lafarge shall be paid within thirty (30) days of the billing
date. If payment has not been received by Ditch Company within thirty(30) days, then
Lafarge shall have breached this Agreement and Ditch Company may institute legal
proceedings to collect the amount due and owing. In such proceeding, Ditch Company
shall be entitled to its costs and reasonable attorneys' fees from Lafarge.
10. LIABILITY AND INDEMNIFICATION.
10.1. By virtue of entering into this Agreement, Ditch Company, assumes: a) no
liability for use, operation or existence of the Installations; b) no liability for Lafarge's
construction of the Installations and maintenance activities as set forth in¶¶4 and 7; and
c) no additional responsibilities or obligations related to Lafarge's future or additional
activities on the property described in EXHIBIT A that are required or permitted by this
Agreement.
10.2. Lafarge agrees to indemnify and to hold harmless Ditch Company(including its
officers, directors, employees and agents) and its successors and assigns for any claims,
demands, awards,judgments of any kind or nature, defense costs including reasonable
attorneys' fees for damage or for injury to persons or property arising from or caused
directly or indirectly by: a) Lafarge's construction, maintenance, repair and replacement
of the Installations shown in the Plans attached as EXHIBIT D; b) Lafarge's occupancy
and use of the property described in EXHIBIT A; and c) Lafarge's failure to obtain such
permits or approvals or failure to comply with all applicable laws and regulations as
specified in¶5.
11. TERM. This Agreement shall be perpetual unless modified by Court Order, modified by
written consent of the Parties or if expired pursuant to¶4.2.
12. NOTICES. Any notice required or permitted by this Agreement shall be in writing.
Notice shall be deemed to have been sufficiently given for all purposes when: a) sent by certified
or registered mail, postage and fees prepaid, addressed to the party at the address listed below; or
b) when hand-delivered to the party at the address listed below.
DITCH COMPANY: COPY TO:
Smith and Emmons Ditch Company Bernard, Lyons, Gaddis & Kahn, P.C.
c/o Michael C. Refer, Secretary do Madoline E. S. Wallace, Esq.
Aggregate Industries P.O. Box 978
C:\DOCUME-1\SJANZEN LOCALS-1\TEMP\C.NOTES DATA\-4092669 DOC 9/9104 3:37 PM MEW
5
111111 Bin 11111 1111111 11111 11111 III 11111 III! IIII
3220315 09/20/2004 01:37P Weld County, CO
6 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder
1707 Cole Blvd., Suite 100 Longmont, CO 80502-0978
Golden, CO 80401
LAFARGE: COPY TO:
Lafarge West, Inc. Schwarz McNab & Bailey, P.C.
do Eric Reckentine c/o Jeffrey Schwarz, Esq.
1400 W. 64`" Avenue Hudson's Bay Centre
Denver, CO 80221 1660 Stout Street, Suite 1700
Denver, CO 80202-3164
13. THIRD PARTY BENEFICIARY. The Parties acknowledge that the Ditch Company's
shareholders, as owners of the water rights delivered by the Ditch, are intended to be third party
beneficiaries of this Agreement.
14. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the Parties, their legal representatives, successors, and assigns. However, nothing in this
paragraph shall be construed to permit the assignment or delegation of this Agreement except as
specifically authorized in this Agreement.
15. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the
prior written consent of the Parties.
16. RECORDATION. This Agreement shall be recorded in the real property records of
Weld County, Colorado at Lafarge's expense. The failure to record all or portions of EXHIBIT
D because of the size of the documents shall not affect this Agreement.
17. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall
pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this
Agreement whether or not legal proceedings are instituted.
18. WAIVER OF BREACH. Any party's waiver of a breach of any term or provision of
this Agreement shall not operate or be construed as a waiver of any subsequent breach by any
party.
19. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in
this Agreement for all purposes.
20. SEVERABILITY. If any clause, sentence, term, condition, covenant or provision of this
Agreement is held to be illegal, null or void by a court of competent jurisdiction, then the
remaining portions of this Agreement shall remain in full force and effect.
21. CAPTIONS FOR CONVENIENCE. All headings and captions are for convenience
only and have no meaning in the interpretation or effect of this Agreement.
C.\DCCUME-1\SJANZEN\LOCALS-l\TEMP\C.NOTES.DATA\-4892667 DOC 9/9/043:37 PM MEW
6
11111111114 11411 11111 III 1111111111111
3220315 09/20/2004 01:37P Weld County, CO
- -7 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder
22. MODIFICATIONS. This Agreement can only be amended or modified in writing by
the Parties.
23. FACSIMILES AND COUNTERPARTS. This Agreement maybe executed by
facsimile. Facsimile signatures shall he treated as original signatures for all purposes. This
Agreement may be executed in counterparts. All counterparts shall, when taken together, be
deemed as one Agreement for all purposes.
G\DOCUME-1\SJANZEMLOCALS-1\TEMP\C.NOTES DATA-4892667.DOC 9/9/04 3'.37 PM MEW
7
1 111111 11111 11111 11111 11111111111111111 III 1111111111111
3220315 09/20/2004 01:37P Weld County, CO
8 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder
C
Dated: -JEfl V\ r1.3`>C\
1
SMITH AND EMMONS S i PANY,
a Colorado nonpro o .ora.'on
By.
Eric Engelhard, ra sident
STATE OF COLORADO )
G ,(1 )ss.
COUNTY OF �. )
The foregoing instrument was subscribed SA .:•re me this/P day 05M/9/2004,
by Eric Engelhard of the Smith and E ,,' ISitch Co
Z: MICHELLE ';
Witness my hand and official seal. • gCHWEIMLER
My commission expires: --.0/ '906 ,'•. :•
`l
•
ublic
LAFARGE WEST, INC.
a Delaware corporation
BY: L
10 acs-cf
STATE OF COLORADO )
)ss.
COUNTY OF PutinS ) /
The foregoing instrument was subscribed and sworn to before me this �L�'hday of. , 2004,
by / I{P l , as � '1 4 L221 Yl' ' no�f Lafarge West, Inc.
,``1,•,IOUlpllf
�`�Vi�t�S'g, and and offici 1 seal. �J
1 . Tnkt otif f• eexpires: f (t, Cl 9.�`' (
m (STAR): •_ �
'�•' = - _ Notary Public
C\D E-1\SJANZEN\LOCALS-1\TEMP\C NOTES.DATA\-4892667 DOC 9/9/04 3:37 PM MEW
8
1111111111n IIIII 11 1111111114 11111111111111
3220315 0912012004 01.37P Weld County, rk
9 of 19 R 96.00 0 0.00 Steve Moreno Clerk& Recorder
EXHIBIT A
Lot "B", Recorded Exemption No. 1313-16-1-RE347 in the Northeast 1/4 of Section 16, Township
2 North, Range 68 West of the 6th P.M. according to the Map recorded November 6, 1978 in
Book 850 at Reception No. 1629063 and July 17, 1979 at Reception No. 1797006, County of
Weld, State of Colorado.
CtDOCUME-l\SJANZEN\LOCALS-P.TEMP\C.NOTES.DATA\-4892667.DOC 9/9104 3:37 PM MEW
9
1IIIIII1111I IIIII lit 1111.1111 111111 III 1IIII III der
'220315 0912012004
0 of 19 R 96.00 0.00 Steve Moreno CI
EXHIBIT B
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT is made on , between
, as owner of the land (Landowner), whose
address and (Beneficiary), the present
holder of a Deed of Trust and note, whose address is
RECITALS
I. Landowner is the owner of a certain parcel of real property situated in the County of Weld
and State of Colorado, as described in EXHIBIT B-1, attached to and incorporated herein,
did execute a Deed of Trust dated , to the Public Trustee dated , the
Public Trustee in and for the County of to secure a note in the original principal
amount of$ dated , , and payable to
. Said Deed of Trust was recorded on
, at Reception No. , of the records of said County.
2. The Smith and Emmons Ditch (Ditch) crosses portions of the property described in
EXHIBIT B-1. To facilitate Landowner's proposed development of the property, Lafarge
West, Inc. ("Lafarge") and the owner of the Ditch, the Smith and Emmons Ditch Company
(Ditch Company), entered into an Agreement to Modify Ditch and Ditch Easement
(Agreement), which is attached hereto as EXHIBIT B-2. To facilitate the extraction of sand
and gravel from the Property, Landowner desires to relocate approximately one thousand
three hundred and fifty(1350) feet of the Ditch and to install a one thousand two hundred and
fifty(1250) foot long concrete-lined ditch; three (3) drop structures; six (6) underdrains; one
(1) concrete culvert; and one (1) diversion structure (Installations). The Agreement sets forth
terms, rights and obligations with respect to the Installations. Paragraph 3.2 of the
Agreement requires the Landowner to deed an easement, the form of which is attached as
Exhibit C to the Agreement, to the Ditch Company for the relocated portion of the Ditch
(Easement Deed).
3. It is the desire of the parties and to the mutual benefit of all parties that the lien of the Deed of
Trust in favor of the Beneficiary be subordinate to the Easement Deed to be deeded by
Landowner in the future.
C:\DOCUME-'\SJANZEN\LOCALS-1\TEMP\C.NOTESDATA\-4892667 DOC 9/9/04 3:37 PM MEW
10
1 111111 11111 11 IIIII 111111 11111���I�III III III 1111
�2
of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto, and
the promises set forth, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereby agree as follows:
1. The Easement Deed shall unconditionally, be, and at all times remain, an interest and
obligation upon the property described therein which is prior and superior to the lien or
interest created by the Deed of Trust held by the Beneficiary.
2. The Easement Deed shall be controlling with regard to the priority of the Deed of Trust and
Easement Deed specified above, and the terms hereof shall supersede any provisions
contained in the Deed of Trust for the use and benefit of the Beneficiary regarding
subordination.
3. The Beneficiary has reviewed the terms and conditions of the Easement Deed in favor of the
Ditch Company, and hereby approves those terms and conditions. Beneficiary understands
that the Ditch Company would not have allowed Landowner's construction of the
Installations without the Easement Deed.
LANDOWNE
Signature �J
c.2. 142"7-6
Name, Title
STATE OF J116in(lc )
)ss.
COUNTY OF f i(/(� mc, )
Thelforegoing instrument wags subscribed and sworn to befor me this /( flay Qf
11
2004, by Cure,-Q Nfn,�r, /as i ( c� Fer S(( )(0 0, qtri
Witness my hand and officia), seal.
My commission expires: Or p f�� r �(0 5
C\0OCUME-11SJANZEN\LOCALS-1\TEMP\C NOTES.DATA\-4892667DOC 9/9/04 3'.37 PM MEW
11
`\'0 o TA ii))):
o '
U3L1G :C r• (9/ FS. 4 Notary Public
111111 11111 1111111111 1111111 11111 11111 III 111111 111 1111
3220315 09/20/2004 01:37P Weld County, CO
12 of 19 R 96.00 0 0.00 Steve Moreno Clerk & Recorder
C:\DOCUME-1\SJANZEN\LOCALS-1\TEMP\C.NOTES DATA\-4892667 DOC 9/9/04 3:37 PM MEW
12
11111 11111 11111 111111111111 11111 111111111111 I I I III I
3220315 09/20/2004 01:37P Weld County, CO
13 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder
BENEFICIARY:
Signature
Name, Title
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of
2004,by , as of
Witness my hand and official seal.
My commission expires:
Notary Public
C\DOCUME-''.SJANZEMLOCALS-1\TEMP\C.NOTES.DATA\-489266 DOC 9/9/04 337 PM MEW
'3
AID 11111 Dill HE11111111111111111III111111Ili1111
3220315 09/20/2004 01:37P Weld County, CO
14 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT B-1
Lot "B", Recorded Exemption No. 1313-16-1-RE347 in the Northeast '/4 of Section 16, Township
2 North, Range 68 West of the 6th P.M. according to the Map recorded November 6, 1978 in
Book 850 at Reception No. 1629063 and July 17, 1979 at Reception No. 1797006, County of
Weld, State of Colorado.
C\DOCUME-'SJANZEN\LOCALS-'1TEMP\C.NOTES.DATA\-4892667 DOC 9,9/04 3.37 PM MEW
14
1111111 1111111 111111111111 11111 11111 III 111111 III lilt
3220315 09/20/2004 01:37P Weld County, CO
15 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT 13-2
AGREEMENT
C\DOCUME-i\SJANZEN\LOCALS-I\TEMP\C.NOTES.DATA\-489266➢.DOC 9/9/04 3:37 PM MEW
15
1111111 1111111111111111111111III111111III Ill
3220315 09/20/2004 01:37P Weld County, CO
16 of 19 R 96.00 0 0.00 Steve Moreno Clerk & Recorder
EXHIBIT C
EASEMENT DEED
Mineral Reserves, Inc. (Grantor), a Delaware corporation, whose address is
, for the consideration of
ten and 00/100 DOLLARS, in hand paid, hereby sells and conveys to Smith and Emmons Ditch
Company (Grantee), a Colorado mutual ditch company. whose legal address is
the following real property in the County of Weld and State of Colorado, to wit:
a permanent non-exclusive easement more fully described in the attached EXHIBIT C-1
for the operation, maintenance, repair and replacement of the Smith and Emmons Ditch
("Ditch").
Grantee shall have the right to use the easement for the purposes of installing,
constructing, using, operating, maintaining, inspecting, repairing, altering, removing
and replacing the Ditch in whole or in part, and all necessary subsurface and surface
appurtenances for the transportation of water and the operation and control of a water
pipeline on the property described in EXHIBIT C-1; and of cutting and clearing trees,
brush, debris and other obstructions that might interfere with the operation and
maintenance of the Ditch or the Ditch's facilities.
The Grantor shall not place any improvements or structures including fences,berms,
walls, trees or bushes in the easement that interfere with the operation, maintenance,
repair and replacement of the Ditch. Placements are done so at the risk of the persons or
entities placing the improvements or the structures on the property described in
EXHIBIT C-1. Grantee may demand the removal of such improvements or structures
and may remove them at any time for the purposes of operating, maintaining, repairing or
replacing the Ditch; provided, however, the Grantee shall not be entitled to demand
removal of improvements for which Grantee has granted written permission to Grantor or
to others to install. Any property damage incurred as a result of normal operation,
maintenance, replacement or repair within the easement including removal of any
improvements which interfere with the use of the easement except for those described
above shall be the responsibility of the Grantor, its successors and assigns, and not the
responsibility of Grantee.
with all its appurtenances, and warrant(s) the title to the same.
DATED:
C'\OOCUME-1\SJANZEN\LOCALS-\\TEMP\C.NOTES.DATA1-4892667 DOC 9/9/04 3:37 PM MEW
16
VIII 1110101\
IIII1'II'lI"IlIl11I11I'11I'IIder
IIIII'II12\\600 007PS : Moreno Clerk
�7 0
GRANTOR:
MINERAL RESERVES, INC.,
a Delaware corporation
By: Cil)(7- . �� -
S ,0L- 1O ,
STATE OF COLORADO )
/�! )ss.
COUNTY OF /-1jamS )
The,fore oingtn trument was subscri ed and sworn to before me this /OM day of 10 , 2004,
by ( , ft(l , as , f' r f Mineral Reserves, Inc.
Witness my hand and officia seal.
My commission expires: a2 n
„....puuuun,,,, '" -7�1_A'"- "� e, itJo fi
.,E:,,B/0;%�' Notary Public
` AR
: uK" l
4‘ b �0.
,,,,t-g1/4 ,.t....,
a;
p fj
C'.DOCUME-1`.SJANZEN\LOCALS-1\TEMP C NOTES.DATA\-4892667 DOC 9/9/043:37 PM MEW
17
J !'JI4L11111111111t! i !! !!Ler09/2012004 01:3 Wed County,
EXHIBIT C-1
A parcel of land, 60.00 feet wide, situated in the NE '/4 of Section 16, T2S, R68W, 6`h P.M., and
in the County of Weld, State of Colorado, being more particularly described as follows:
Commencing at the Center 'A corner of said Section 16; thence North 00°18'25" West along the
Center line thereof a distance of 30.00 feet to a point on the north right-of-way of Weld County
Road No. 20 '/ and the southwest corner of that parcel of land recorded as Reception No.
1772067; Thence continuing North 00°18'25" West along the said Center line a distance of
20.00 feet to the Point of Beginning;
Thence continuing North 00°18'25" West along the said Center line a distance of 1277.99 feet to
the northwest corner of said parcel of land recorded as Reception No. 1772067.
Thence North 89°46'29" East along the boundary of said parcel a distance of 60.00 feet;
Thence South 00°18'25" East a distance of 1218.22 feet;
Thence North 89°59'43" East a distance of 210.16 feet;
Thence South 00°00'17" East a distance of 80.00 feet;
Thence South 89°59'43" West a distance of 60.00 feet;
Thence North 00°00'17" West a distance of 20.00 feet;
Thence South 89°59'43" West a distance of 209.85 feet to the Point of Beginning.
Parcel contains 90,486 square feet (2.077 Acres), more or less.
Bearings are based on the recorded Center line of said Section 16 bearing North 00°18'25" West.
C:\DO00ME-1.SJANZEN\LOCALS-11TEMP\C.NOTES.DATA\-4892661 DOC 9/9/04 3:37 PM MEW
18
11111 1111 1111111 11111 11111 111 1 11111
I I I I I I I
3220315 09/20/2004 01:37P Weld County, CO
19 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT D
ENGINEERING
C\DOCUME-LSJANZEN.LOCALS-1\TEMP,C.NOTES DATA\-4892661.DOC 9/9/04 3:37 PM MEW
19
DANIEL F.BERNARD BERNARD LYONS FILE
RICHARD N.LYONS,II GADDIS
DDIS & KAHN Copy 303-776-9900
1
JEFFREY J.KAHN
lJt-11J 1(J FAX 303-413-1003
JOHN W.GADD[S A PROFESSIONAL CORPORATION
A.HALL ATTORNEYS AND COUNSELORS Mailing address:BRADLEY POST OFFICE
WENDY SL E RUDNIK �-II.I 555 LONGMONT,,CO 055OX 978
EVEN P.JEFFERS
0 0978
ANTON V.DWORAK
Street address:
ADELE L.REESTER SECOND FLOOR
MADOLINE E.S.WALLACE 515 KIMBARK STREET
EVE I.CANFIELD
mwallace@blglaw.com
January 19, 2004
Ms. Erica Crosby
Division of Minerals and Geology
1313 Sherman Street, Rm. 215
Denver, CO 80203
Re: Application for Duckworth Pit Mining and Reclamation Plan (M-2003-091)
Dear Erica:
As you know, I represent the Smith & Emmons Ditch Company ("Ditch Company"),
which provided comments to Lafarge West, Inc.'s ("Lafarge") Application for
Duckworth Pit Mining and Reclamation Plan. I reviewed your Adequacy Review
Letter dated January 16, 2004 and want to clarify a point regarding ¶43 related to
Idaho Creek on the Duckworth Property in the NE 1/4 of Section 16, Township 2 North,
Range 68 West of the 6th P.M.
To aid with my point, please find enclosed a map entitled "Locations of Ditches in
Relation to the Duckworth Pit." The map shows the Duckworth Property, Idaho Creek
and the headgates for the Rural Ditch Company, the Godding Ditch Company and the
Smith and Emmons Ditch Company ("Ditch Companies") on Idaho Creek as well as
the headgate for Idaho Creek on Boulder Creek.
The Ditch Companies own 130-foot-wide prescriptive easements to carry water for
irrigation from the Idaho Creek headgate on Boulder Creek to their individual
headgates on Idaho Creek. Because the Duckworth Property occurs downstream of the
Ditch Companies' headgates, the Ditch Companies do not own prescriptive easements
for the segment of Idaho Creek that crosses the Duckworth Property. As a result, the
Ditch Companies have no opinion regarding Lafarge's proposal to mine near Idaho
Creek on the Duckworth Property. However, please note that other water users may
own prescriptive easements for this segment of Idaho Creek.
Please do not construe the Ditch Companies' positions for the Duckworth Pit as
contradictory to the Ditch Companies' positions for the Shaw Pit. Because the
proposed relocation of Idaho Creek on the Shaw Property occurs upstream of the Ditch
G:\CLIENTSIS':SAEDC\DIICK\LT-CROSBY RE IDAHO CREEK.DOC 1/19/04
BERNARD LYONS
GADDIS & KAHN
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
Ms. Erica Crosby
January 19, 2004
Page 2
Companies' headgates on Idaho Creek, the Ditch Companies own a 130-foot-wide
prescriptive easement for that segment of Idaho Creek that crosses the Shaw Property.
Please call or email if you have any questions or comments.
Best regards,
BERNARD, LYONS, G DDIS & KAHN,
a Profe Nona or.br: io.
$-y
Madoli e . .S. f_ ./ac'
MEW:mew
Enclosure
cc: William L. Engelhard, President, Smith and Emmons Ditch Company
Dan Grant, Secretary, Smith & Emmons Ditch Company
Francis Gregerson, President, Godding Ditch Company
James T. Burch, President, Rural Ditch Company
Eric Reckentine, Lafarge West, Inc.
Mark McLean, P.E., Tetra Tech RMC
G:\CLIENT&SSAE OC\DUCKf T-CROSBY RE IDAHO CREEK.DOC 1/19/04
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APP-D.6 004 10:28 I:OTTOtlIJOOD PIT 720 454 7560 P.0L0
United Power
P.O. Box 929, 1S531: E :50th Ave., 3-gntor_,-CO 30601
(303) 659-0551 • 1-900-453-5E09 • Fax (303) 537-1305
�i.edpawer.com
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STATE OF COLORADO
,,...DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 DIVISION OF
Phone:(303)866-3367 MINERALS
FAX'.(303)832-8106
GEOLOGY
*ECLAMATION•MINING
SAPETT•SCIENCE
November 8,2004✓
Bill Owens
Governor
Mr.Eric Reckuitme✓
Russell George
Lafarge West, Inc. Executive Director
1400 W. 64th Ave. Ronald W.Canary
Denver,CO 80221 Division Director
/ Natural Resource Trustee
Re: Duckworth Pit,Permit No. M-2003-091,Permit Issuance- Construction Material Operation
Dear Mr. Reckintine:
On November 8, 2004 the Division of Minerals and Geology found I Marge West, Inc. to have satisfied the applicable
requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Therefore, a permit is being
issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing
one copy for your use. It is your responsibility to comply with all of the terms of the permit.
1. All of the original application materials, as amended and supplemented, areof
have been incorporated into the integral part your permit;
^They rpo permit by reference. We presume that you have a copy of all of these materials;
therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit
application at the mining operation as a reference for operating personnel, to help ensure compliance with the terms of
the permit.
• 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a
modification to the permit. We suggest consulting the Construction Materials Rides and Regulations and/or contacting
us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical
Revisions, and Rule 1.11 to Conversions.
3. On your permit anniversary date each year, November 8th, you must submit an annual fee and an annual report
to us. The annual fee for this permit is $688.00. Please consult the Act, Rules and Regulations, and your permit for
specific annual report requirements applicable to your mine.
if you have any questions,please contact the Division.
cereiy,ca.c4a C�G•GPL•r.-
J
RONALD W.CATTANY
Division Director
RWC/ESCIbdc
.Enclosure
CERTIFIED MAIL NO. 7004 1350 0001 1635 7924
Return Receipt Requested
Office of Office of
Colorado
Minh Land Reclamation Active and Inactive Mines Geological Survey
DEPARTMENT OF COMMUNITY DEVELOPMENT 01 LONG
Parks and Open Space Division �0
Open Space and Trails tivia
747 Coffman Street
Longmont, Colorado 80501
°LOR?%
February 8, 2005
Ms. Jaqueline Hatch
Weld County Planning
1555 N. 17th Avenue
Greeley, CO. 80631
RE: USR-1455, Mineral Reserves Inc. / LaFarge West
Dear Jaqueline,
On December 22, 2004 I had the opportunity to review revised development plans for the Mineral Reserves Inc. /
Lafarge West property also referred to as the Duckworth property.
On January 14, 2004, Ryan Kragerud, Senior Planner for the City of Longmont had sent you comments referring to
this development. Ryan had mentioned the City's desire to see this property reclaimed to complement Weld
County's goals for the St. Vrain Open Lands to preserve wildlife habitat, wetland agriculture and visual corridors.
The City's hopes included additional wetland and wildlife habitat to complement the wildlife along Boulder and St
Vrain Creeks.
Revisions to the plan for the Duckworth property include undulating shoreline and planting of native vegetation
which help to provide a more diverse site for wildlife. Further discussion with LaFarge staff included discussion
about the side slopes of the reclaimed ponds. Eric Reckentine of Lafarge indicated that if additional overburden
was available side slopes would be increased and they would attempt to vary the depth of the ponds to include
shallow sections, such as in the Northeast corner of Lake 2. These revisions and discussions indicate a desire on
Lafarge's part to satisfy the goals of Weld County's for wildlife habitat diversity and preservation.
If you have any questions please call me at 303 774-4691 or e-mail me at dan.wolford(oci.longmont.co.us.
Sincerely,
Daniel Wolford
Open Space and Trails Superintendent
Cc: Ryan Kragerud, Senior Planner, City of Longmont
Eric Reckentine, Land Manger, LaFarge
Cop
i iT
Att
WI`D�. Department of Planning Services
O Flood Hazard Development Permit
COLORADO Administrative Review
Applicant: Mineral Reserves Inc./ Case Number: AmFHDP-404 Planner: KO
LaFarge West
Legal Cescription: Lot B of RE-3714; part of the NE4 of Section 16, T2N, R68W of the 6th
F.M., Weld County, Colorado.
Parcel Identification 1313 16 000010
Number:
Firm Mao Number: 080266 0850 C Situs:
Permit is approved - The plans and materials submitted in support of the proposed
development are in compliance with the applicable floodplain management standards in the
Weld County Zoning Ordinance.
I Permit is conditionally approved. Provided the conditions of approval are met, the
X I Mans and materials submitted in support of proposed development will comply with the
applicable floodplain management standards in the Weld County Zoning Ordinance.
I I
Permit is denied. The proposed development is not in conformance with applicable
7oodplain management standards in the Weld County Zoning Ordinance (explanation
attached).
Variance is required. The proposed development will require approval of a variance by
:he Board of Adjustment is the applicant wishes to proceed with construction. Please call the
Department of Planning Services to discuss the appropriate application materials needed to
. apply for a variance.
Request=or a Flood Hazard Development Permit for a temporary structure -a field conveyor crossing Idaho
Creek to de utilized in conjunction with USR-1455
Conditions of Approval:
1. The applicant shall address the concerns of the Weld County Building Inspection Department as
stated in the referral response received July 13,2004 Evidence of such shall be submitted in writing
tc :he Weld County Department of Planning Services.
2. The applicant shall address the concerns of the Weld County Department of Public Works as stated
r. :ne referral response received July 12, 2004 Evidence of such shall be submitted in writing to the
'held County Department of Planning Services.
3. The Weld County Department of Public Health&Environment did not have conflicts with the proposal.
4. Installation of utilities shall comply with the conditions listed in the Flood Hazard Development Permit
Certificate.
5. Construction shall comply with all requirements/conditions of the Weld County Building Code.
6. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located.
7. Any future structures or uses on site must obtain the appropriate zoning and building permits.
• July 14, 2004
Kim Ogle, Date
Mineral Reserves Inc./LaFarge West
do Suzanne Janzen
1400 W 64'h Ave
Denver CO 80221
r
Weld County Planning Department
4?tt GREELEY OFFICE
MEMORANDUM JUL RECEIVED
TO: Kim Ogle,Planner III DATE: July 12, 2004
. FROM: Donald Carroll, Engineering Administrator 06
COLORADO SUBJECT: AmFHDP-404, Minerals Reserves Inc./LaFarge West
The Weld County Public Works Department has reviewed this proposal. Our comments and
requirements are as follows:
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
FLOOD HAZARD DEVELOPMENT STANDARDS:
The applicant has provided adequate documentation which has been verified, stamped, and signed by a
professional engineer. The elevation of the lower floor of the proposed structure is at least one foot above
the Intermediate Regional Flood Level (MSL) at the building site.
An adequate sketch identifying the existing and proposed elevations at the conveyor crossing has been
provided.
pc: AmFHDP-404
M:\PLANNING—DEVELOPMENT REV IEWWHDP-Flood Hazard Development PermitWmFHDP-404.OOO
Weld County Referral
June 11 , 2004
RECEIVED
COLORADO JUN t znu%
ENVIRONMENTAL HEALtN SERVICES
The Weld County Department of Planning Services has received the following item for review..
Applicant Mineral Reserves Case Number AmFHDP-404
Inc./LaFarge West
Please Reply By July 12, 2004 Planner Kim Ogle
Project Amendment to an approved Flood Hazard Development Permit for a conveyor
•
Legal Lot B of RE-3714; part of the NE4 of Section 16, T2N, R68W of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to CR 20-112: approximately 1/4 mile east of CR 7 •
Parcel Number 1313 16 000010
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
X. We have reviewed the request and find no conflicts with cur interests.
0 See attached letter.
Comments:
Signature 74110-2,41- (� " Date /7-; "Q[/
Agency GtJCOPi/e1
•:Weld County Planning Dept. •'x1555 N. 17th Ave. Greeley, CO. 80631 ••(970) 353-6100 ext.3540 4:4(970) 304-6498 fax
- _- . _ __ . . _ , ,, •• 4-4 ,,,,,,,/4 n�.1.0 ILnnninu I'MA NU, ICU 00C 4Cli F. 03
C DEPARTMENT OF BUILDING INSPECTION
�i ; PHONE (720) 652-4210, EXT.873-'
FAX (720) 652-4211
SOUTH WELD COUNTY ADMINISTRATIVE OFFICES
dill 4209 CR 24.5
C. LONGMONT COLORADO 806504
COLORADO
July 12. 2004
Weld County Department of Planning Services
Attention: Kim Ogle
Subject: Western Mobile Inc
AmFHDP: 404
Legal: Lot B of RE-3714; part of the NE4 of Section 16, T2N, R68W of the 61h PM, Weld County.
CO
Location: North of adjacent to CR 20.5; approximately 1/4 mile east of CR 7
Based on information submitted for the Amended Flood Hazard Permit#404(floodplain clear span
gravel conveyor crossing for a quarry operation) the following staff recommendations are offered
for AmFHDP 404:
1 Upon erection of the conveyor system the as built certificate shall certify that the piers
(support stands)supporting the conveyor system are elevated to the minimum RFE of 4872'
NGVD as proposed.
espectfully,
1,1441)441
Dennis Renley, Plans E miner
Weld County Planning Building Inspection Department
m:\wpfiIes dennls\flaodreNhdp20021samfhdpref.404
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St.,Room 215 COLORADO
Denver,Colorado 80203 DIVISION OF
Phone:(303)866-3567 M 1 N &R A L S
FAX:(303)832-8106 GEOLOGY
RECLAM AT IO N•MI NING
SA££T Y•SC IENCE
Bill Owens
Notice of 117 Constnu•tion Materials Governor
12L�clam3ti Greg E.Wakher
r Permit Application Cnncicloratinn Executive Director
Ronald W.Cattany
Division Director
Natural Resource Trustee
DATE: November 17. 2003
TO: Weld County Planning Department
915 10th St
Greeley, CO 80632
FROM: Carl B. Mount. Senior Environmental Protection Specialist —4-kel Y\
RE: Lafarge West. Inc., Duckworth Pit. File No. M-2003-091
Please be advised that on November 17, 2003. Lafarge West. Inc., whose address and telephone number are
1400 W. 64th Ave., Denver. CO 80221: (303) 657-4330_ filed an application to conduct surface extraction of
construction materials and reclamation, at or near Section 16, Township 2N_ Range 68W, 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 February 16, 2004.
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 Minerals and Geology. 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
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 Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
Weld Gown), Banning Deparimem
GREELEY OFFICE
JAN 1 6 2004
LAFARGE
NORTH AMERICA RECEIVED
Construction Materials
January 15, 2004
Dear Landowner or Land interest owner:
Lafarge West, Inc. is in the process of requesting a permit for our proposed Duckworth operation
located near Frederick, Colorado from the Colorado Mined Land Reclamation Board. As part of
the application process, we are required to notify you of this application for a permit.
The enclosed notice gives you the specific location of our site and sources for further
information. If you have any questions or need further information, please call Lafarge West,
Inc.:
Eric Reckentine , Colorado Land Manager (303) 657-4330
Suzanne Janzen, Land Specialist (303) 657-4421
Cordially,
LAFARGE WEST, INC.
--
Suzanne zen C-J
Land Specialist
Enclosure
Weld County Recorded Fxenplion
LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials
1400 West 64th Avenue, Denver, Colorado 80221
Telephone: (303)657-4000 Facsimile: (303)657-4037
PUBLIC NOTICE
Lafarge West, Inc.; P.O. Box 21588, Denver, Colorado 80221, (303) 657-4330 has filed an
application for a Regular (112) Construction Materials Operation Reclamation Permit with the
Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land
Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as
the Duckworth Pit, and is located at Section 16, Township 2 North, Range 68 West, 6°i Prime
Meridian.
The proposed date of commencement is December 2005, and the proposed date of completion is
December 2008. The proposed future use of the land is recreational open water. Additional
information and tentative decision date may be obtained from the Division of Minerals and
Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the
Office of the Clerk to the Weld County Board of County Commissioners, 915 10111 St., Greeley,
CO 80631, or at the above named applicant. Comments must be in writing and must be received
by the Division of Minerals and Geology within 20 days of receipt of this letter.
DEC 03 '0.3 12:50Pfl TIMES CRLL 303 772 93.39 P.2
YPESET: Fri Nov 21 12:45:29 2001
PUBLIC NOTICE
Lafarge Wet.Inc: P 0.71See, Denver. Bas
10121. (203)657-4a10 Colorado
;flee
an aoni.carlon for a Regular
(112) Construction Materials
°peralnon Reclamation Per-
mit with the Colorado Mined
Land RCetamalmn Beene um
der the ordvClofl of me
Colorado Mined Land Rec.
Ismer on Act for the Extrac-
tion of Construction Materi-
els. The proposed mine I:
known 99 The Duckworth PM,
and I, located a? Section 16.
Town:hlo I North. Range de
We:?.6th Prime Meridian.
The probated dale of
commencement is December
100.1. and the 0r0009ed dale
of combictlan I, December
2001.the proposed furure use
01 Me land IR r0[rp]f10n:I
open water and...Po (q math
1110 Ad dltlonal information
and tenl.arve deCiSlOn date
may to trained from the
0 vition. of Minerals and
Geology, 1]1] Sherman
Street, Room 215, Denver. •
Color]da A0202.170])9664547,
or al the Office of the Clerk
Ia the Weld County Board of
COmmlaloners, tic tote 5L,
C realty, CO a0621, or 0,Tne
above named applicant.
Comments mutt be in writ-
ing and mutt ae received by
Iho Dlvltion of Minerals and
Geology or 4.00 d.m. on
wean..t0]y.January 7.2004.
Putllthed In the Dally
Tlme:-Can. Longmont,
ase)orado. November 14 and
-ember 3,10.17.2003.
STATE OF COLORADO
DIVISION OE MINERALS AND GEOLOGY
Department of of Natural Resources
1313 Sherman St., Room 215
Denver,Colorado 80203 DIVISION O F
Phone: (303)866-3567 MINERALS
FAX:(303)832-8106 &
GEOLOGY
RECLAMATION I
CONSTRUCTION MATERIALS MINING'S A F E T Y
REGULAR(112)OPERATION
Bill Owens
RECLAMATION PERMIT APPLICATION FORM Governor
Greg E.Walther
Executive Director
CHECK ONE: There is a File Number Already Assigned to this Operation
Ronald W.Cottony
Permit# M - __ (Please reference the file number currently assigned to this operation) Ann;Division D:recwr
X New Application(Rule 1.4.5) Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
Permit# M - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;
(2)Exhibits A-S,Addendum I,any sections of Exhibit 6.5 (Geotechnical Stability Fxhibit;and(3)the application fee. When you submit your
application,be sure to include one(I)complete slimed and notarized IVORY ORIGLNAL and one(I)copy of the completed Ivory application
form,two(2)copies of Exhibits A-S,Addendum I,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application
fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"
S-44" size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
1. Applicant/operator or company name(name to be used on permit): Lafarge ?;e s t , Inc .
1.1 Type of orgar^zation(corporation,partnership,etc.): Corporation
1.2 I.R.S.Tax ID.No.or Social Security Number: 25-1531295
2. Operation name (pit,mine or site name): Duckworth P i t
3. Permitted acreaoe (new or esistino site): 56.5 permitted acres
3.1 Change in acreage(4) acres
3.2 Total acreage in Permit area 56.5 acres
4. Fees:
4.1 New Application $2,344.00 application fee
4.2 New Quarry Application 52,906.00 quarry application
4.4 Amendment Fee 51.938.00 amendmcz:fee
4.5 Conversion to 112 operation (set by statute) 52.344.00 conversion fee
5. Primary commoditie(s)to be mined: sand gravel fill material
5.1 Incidental commoditie(s)to be mined: 1. N - A lbs/rons/vr 2. / lbs/ronshr
3. / ibs/ronshr 4. 1 lbs/ronshr 5. / lbs/Tons/-
5.2 Anticipated end use of primary commoditie(s)to be trained: Construction Materials
5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A
-2 -
6. Name of owner of subsurface rigbtsof affected land: Nineral Reserves , Inc . a subsidiary of
If 2 or more owners,"refer to Exhibit O". Lafarge NA
7. Nameofownerofsurfaceofafectedland:Mineral Reserves , Inc . , a subsidiary of Lafaroe NA
8. Type of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY:
PRINCIPAL MERIDIAN(check one): X 6th(Colorado) 10th(New Mexico) _lite
SECTION(write number): S 16
TOWNSHIP(write number and check direction): T 2 X North South
RANGE(write number and check direction): R 68 East X West
QUARIUR SECTION(check one): NE X NW _SE SW
QUARTER/QUARTER SECTION(check one): NE _NW _SE X SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
^ Approximately 5 . 5 miles northwest of Frederick at elevation 4870 feet
10. Primary future(Post-mining)land use(check one):
Cropland(CR) Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) Recreation(RC) _ Industrial/Commercial(IC)
_ Developed Water Resources(WR) _ Solid Waste Disposal(WD)
11. Primary present land use(check one):
Cropland(CR) X Pastureland(PL' _ Geneva:Agricnhnre(GA)
Raugeland(RL) Forestry(FR) _ Wildlife Habitat(Wt)
Residential(RS) Recreacon(R:' Indutrial CommerciaNIC-1
_ Developed WaterResources(WR)
12. Method of Mining: Briefly explain mining method(e.g. track/shovel): Mining will he conducted using
trucks , scrapers , & loaders . The nroduc - will he loaded onto conveyors
for off-site processing
13. On Site Processing: _ Crushing/Screening
13.1 Briefly explain mining method (e.g. tru:la shovel) N/A . Product processed off-site
List any designated chemicals or acid-producing materials to be used or stored within permit area: None
- 3 -
14. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Eric Reckentine Tide:Colorado Land Manager
Company Name: Lafarge West , Inc . , a subsidiary of Lafarge NA
Street: 1400 West 64th Ave .
City Denver
State: CO Zip Code: 80221
Telephone Number: ( 303 ) _ 657-4330
Fax Number: ( 303 ) _ 657-4037
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name:
Title:
Company Name:
Street:
City
State: Zip Code:
Telephone Number: ( ) -
Fax Number: ( ) _
INSPECTION CONTACT
Contact's Name: Denny Ellsworth Title: Plant Manager
Company Name: Lafarge West , Inc . , a subsidiary of Lafarge NA
Street: 1400 West 64th Ave .
City Denver
State: CO Zip Code: 80221
Telephone Number: ( 303 ) _ 430-9287
Fax Number: / 720 ) _ 494-7960
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency
Street:
City
State:
Zip Code:
Telephone Number: j ) _
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency
Street:
City
State:
Zip Code:
Telephone Number: ( ) -
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY--; r- :,s _�,
Department of Natural Resources /-
1313 Sherman St., Room 215
Denver,Colorado 80203 ! -" - DIVISION OF
Phone:(303)866-3567 M I N E RA L S
FAX:(303)832-8106 &
GEOLOGY
RECLAMATION
CONSTRUCTION MATERIAIS MINING-SAFETY
REGULAR(112)OPERATION
Sill Owens
RECLAMATION PERMIT APPLICATION FORM Governor
Greg E.Walther
Executive Director
CHECK ONE: There is a File Number Already Assigned to this Operation
Ronald W.Cattany
Permit# M - (Please reference the file number currently assigned to this operation) Acting Division Director
X New Application(Rule 1.4.5) Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
Permit# M - - - (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Op tree major parts:(1)the application form;
(2)Fxhibits A-S,Addendumm 1,any sections ofExhibit 6.5(G ie application fee. When you submit your
application,be sure to include one(1)complete signed and not RECEIVED I)copy of the completed Ivory application
form,two(2)copies of Exhibits A-S,Addendum I,appmpriai ty Exhibit,and a check for the application
fee described under Section(4)below. Exhibits should NOT hould be folded to 812"X 1 I"or 8 1/2"
X 14"size. To expedite processing,please provide the infon OCT i 21103 ed in this form.
GENERAL 01 ENVIRONMENTAL dt;UM SERVICES
Type or print clearly,in the spas _ .o,.ssauvo requested below.
1. Applicant/operator or company name(name to be used on permit): Lafarge West , Inc .
1.1 Type of organization(corporation,partnership,etc.): Corporation
1.2 I.RS.Tax I.D.No.or Social Security Number: 25-1531295
2. Operation name(pit,mine or site name): Duckworth Pit
3. Permitted acreage(new or ex stino site): 56.5 permitted acres
3.1 Change in acreage(+)
acres
3.2 Total acreage in Permit area 56.5 acres
4. Fees:
4.1 New Application 52.344.00 application fee
4.2 New Quarry Application 52 906 DO quarry application
4.4 Amendment Fee 51.938.00 amendmenrfee
4.5 Conversion to 112 operation(set by statute) 52.344-00 conversion fee
5. Primary commoditie(s)tobemined: sand gravel fill material
5.1 Incidental commodities)to be mined: 1. N - A Ibs/Ions/vr 2. / Ms/Ions/vr
3. / lbs/Tons/vr 4. / Ibs/fons/Yr 5. / lbsiTonslvr
5.2 Anticipated end use of primary commoditie(s)to be mined: Construction Materials
5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A
6. Name of owner of subsurfacerightsofaffectedland: Mineral Reserves , Inc. , a subsidiary of
If 2 or more owners,"refer to Exhibit O". Lafarge NA
7. Name of owner of surface of affected land::Mineral Reserves , Inc . , a subsidiary of Lafarge NA
8. Type of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): X 6th(Colorado) _ 10th(New Mexico) Ute
SECTION(write number): s 16
TOWNSHIP(write number and check direction): T 2 X North South
RANGE(write amber and check direction): R 68 _East X West
QUARl> R SECTION(check one): NE X NW _SE SW -
QUARTER/QUARTER SECTION(check one): NE _NW _SE X SW
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Approximately 5 . 5 miles northwest of Frederick at elevation 4870 feet
10. Primary future(Post-mining)land use(check one):
Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
_ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) Recreation(RC) _ Industrial/Commercial(IC)
= Developed Water Resources(WR) _ Solid Waste Disposal(WD)
11. Primary present land use(check one):
Cropland(CR) X Pasmreland(PL) _ General Agriculture(G4)
_ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR)
12. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Mining will be conducted using
trucks , scrapers & loaders . The product will be Loaded nnl-n nnnvevors
for off—site processing
13. On Site Processing: _ Crushing/Screening
13.1 Briefly explain mining method(e.g.truck shovel): N/A. Product processed off—site
List any designated chemicals or acid-producing materials to be used or stored within permit area: None
— 3 —
14. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Eric Reckentine Titie:Colorado Land Manager
Company Name: Lafarge West , Inc . , a subsidiary of Lafarge NA
Street: 1400 West 64th Ave .
City: Denver
State: CO Zip Code: 80221
Telephone Number: 303 ' - 657-4330
Fax Number: ( 303 ) - 657-4037
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Tide:
Company Name:
Street:
City: .
State:
Zip Code:
Telephone Number: ( )-
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: Denny Ellsworth Title: Plant Manager
Company Name: Lafarge West , Inc . , a subsidiary of Lafarge NA
Street: 1400 West 64th Ave .
City: .Denver
State: C 0 Zip Code: 8022_1
Telephone Number: 303 ) _ 430-9287
Fax Number: ' ( 720 )_ 494-7960
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
- 4 -
Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
N/A
Mans and Exhibits:
Five(5)complete,unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each
exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered
consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit.
With each of the Eve(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4,6.5,and 1.6.2(1)(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Scarce of Legal Right-To-Enter
EXHIBTT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined •
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(1)(b) ADDENDUM 1-Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1-6.2(1)(b)of the Rules and Regulations. If yon have any questions on preparing the Exhibits or content of the information require_.
or would hie to schedule a pre-application meeting you may contact the Office at 303-866-3567.
r
- 5 -
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore,
there are a number of important requirements which you, as a permittee, should fully understand. These
requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge
that you understand your obligations. If you do not understand these obligations then please contact this Office
for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume
legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected
lands associated with your mining operation in the event your permit is revoked and financial warranty is
forfeited;
( 2. The Board may suspend or revoke this permit, or assess a civil penalty,upon a finding that the
permittee violated the terms or conditions of this permit,the Act,the Mineral Rules and Regulations, or that
information contained in the application or your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as permittee can result;
�f 4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
�/� 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the
entrance of the mine site, which shall be clearly visible from the access road, with the following information
(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado
Mined Land Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are
clearly visible and adequate to delineate such boundaries prior to site disturbance.
- 6 -
•
` 2 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions of the Act and the Construction Material
Rules and Regulaiions in effect at the time the permit is issued.
47.0 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by
Statute, and an annual report which includes a map describing the acreage affected and the acreage
reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation
Plan to be submitted annually on the anniversary date of the permit approval Annual fees are for the
previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual
fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by
the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your
financial warranty. It is your responsibility, as the pennittee, to continue to pay your annual fee to the
Office until the Board releases you from your total reclamation responsibility.
10. For joint venture/partnership operators: the signing representative is authorized to sign this document
and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is
attached to this application.
11OTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office.
Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the
decision date so that you will know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the
public comment period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals
process, you may contact the Office at (303) 866-3567.
- 7 -
Certification:
a authorized representative of the applicant,I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions:
1. To the best of my knowledge, all significant,valuable and permanent man-made structure(s)in existence at the time
this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e),C.RS.).
2. No mining operation will be located on lands where such operations are prohibited by law(Section
34-32.5-115(4)(f),CRS.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section
34-32.5-120, C.RS.)as determined through a Board finding.
4. 1 understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,CRS.
Signed and dated this 1 /{ day of O G 2003
•
Lafarge West , Inc . If Corporation Attest(Seal)
Applicant/ or any Name
Signed Signed: � ni t / / G'/7 .
4'9y/t - Corate Secretary or Equivalent
Title: VP/GM Aggregates Town/City/County Clerk
Stateof Colorado
) ss
County of Denver
The foregoing instrument was acknowledged before me this /Or1+ day of 9c 471h0 r .2073 3,
by I(xid Onkhe;so r as UPGrn P rp< c Sof I rCte tt,rG rr . •
Notary Public //
My Commission expires: (fl f,2( 7
SIGNATURES MUST BE IN BLUE INK
M:toet\ uxmc(10/15/2001)
CERTIFIED MAIL
7002 3150 0001 7649 9709
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Lafarge West, Inc. (the"Applicant/Operator") has applied for a Regular (112) reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of
construction materials operations in Weld County. The attached information is being provided to
notify you of the location and nature of the proposed operation. The entire application is on file
with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational ponds and wildlife
habitat use. Pursuant to Section 34-32.5-116(4), C.R.S., the Board may confer with the local Board
of County Commissioners before approving of the post-mining use. Accordingly, the Board would
appreciate your comments on the proposed operation. Please note that, in order to preserve your
right to a hearing with the Board on this application, you must submit written comments on the
application within twenty(20) days of the date of last publication of notice pursuant to Section 34-
32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215,
Denver, Colorado 80203, (303) 866-3567.
STATE Oh COLORADO
DIVISION OF MINERALS AND GEOLOGY —
Department of Natural Resources ' ' i r t"•
D
1313 Sherman St., Room 215
Denver,Colorado 80203 -- — - _.-.." D ry i s t O N O I
Phone: (303)866.3567 �-I _-._ _ MINERAL !
FAX:(303)832-8106 &
GEOLOGI
RECLAMATION
CONSTRUCTION MATERIALS MINING•S A F E T Y
REGULAR(112) OPERATION
Bill Owens
RECLAMATION PERMIT APPLICATION FORM Governor
Greg E Walther
CHECK ONE: There is a File Number Already Assigned to this Operation Exe utive Direc or
Ronald W.Cattanv
Permit# M (Please reference the file number currently assigned to this operation) Acting Division Director
X New Application(Rule 1.4.5) _Amendment Application(Rule 1.10)
Conversion Application(Rule 1.11)
Permit* M - - -_ (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;
(2)Exhibits A-S,Addendum I,any sections of Exhibit 65 (Geotechnical Stability Exhibit;and(3)the application fee. When you submit your
application,be sure to include one(1)complete sired and notarized IVORY ORIGINAL and one(1)copy of the completed Ivory application
form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5 (Geotechnical Stability Exhibit,and a check for the application
fee described tinder Sk ti,u(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"
X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
1. Applicant/operator or company name (name to be used on permit): L a a r g,e West , Inc .
1.1 Type of orgatrzation(corporation,partnership,etc.): Corporation
1.2 I.R.S.Tax I.D.No.or Social Security Number: 25-1531295
2. Operation name(pit,mine or site name): Duckworth P i t
3. Permitted acreage(new or existing site): 56.5 permitted acres
3.1 Change in acreage(+)
acres
3.2 Total acreage in Permit area 56.rj
acres
4. Fees:
41 New Application $2,344.00 application fee
4.2 New Quarry Application $2,906.00 application
4.4 Amendment Fee amen
51.938.00 amendment
fee
4.5 Conversion to 112 operation(set by statute) 52,314.00 conversion fee
5. Primarvcommoditie(s)tobemined: sand gravel fill material
5.1 Incidental commoditie(s)to be mined: 1. N - A lbsTons/vr 2. / Ibs/Toas,1T
3. / lbs/Tonsivr 4. / Ibs/fons/r 5. / Ibs/Tonsn-
5.2 Anticipated end use of primary commodities) to be mined: Construction Material s
(�
r;2 • 5.3 ated end use of incidental commodities)to be[Wined: N/A
/1 3 �G' 4/2
c,
2
6. Name ot owner ofsubtaceriQkc,otaffectedland: Mineral Reserves , Inc . , a subsidiary of
nu
If 2 or more owners,"refer to Exhibit O". Lafarge NA
7. Name of owner of surface of affected land:Mineral Reserves , Inc . , a subsidiary of Lafarge NA
8. Type of mining operation: X Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): X 6th(Colorado) _ 10th(New Mexico) Ute
SECTION(write number): S 16
TOWNSHIP(write number and check direction): T 2 X North South
RANGE(write number and check direction): R 68 East X West
QUARTER SECTION(check one): _NE X NW _SE _SW
QUARTER/QUARTER SECTION(check one): _NE _NW SE X SW
GENERAL DESCRIPTION:(the munber of miles and direction from the nearest town and the approximate elevation):
Approximately 5 . 5 miles northwest of Frederick at elevation 4870 feet
10. Primary.future(Pont-mining)land use(check one):
Cropland(CR) _ Pastureland(PL) General Agriculture(GA)
_ Rangeland(a) _ Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) 1. Recreation(RC) _ Incl shial/Commercial(IC)
Developed Water Resources(WR) Solid Waste Disposal(WD)
11. Primary present land use (check one):
_ Cropland(CR) X Pasrtneland(PL i _ Genera:Agricniture(GA)
_ Rangeland(RL) _ Forestry(FR) _ WildlifeHabitat(WL)
ResidentiahRS) _ Recreation(RC; _ Indnstral/Commerciah(1C)
_ Developed Water Resources(WR)
12. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Mining will he conducted using
trucks , scrapers , & loaders . The product will be loaded nntn rnnvevors
for off-site processing
13. On Site Processing: _ Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel): N/A. Product processed off-site
List any designated chemicals or acid-producing materials to be used or stored within permit area: None
- 3 -
14. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on pernut)
Contact's Name: Eric Reckentine Title:Colorado Land Manager
Company Name: Lafarge West , Inc . , a subsidiary of Lafarge NA
Street: 1400 West 64th Ave .
City. Denver
State: CO Zip Code: 80221
Telephone Number: ( 3 0 3 )_ 657-4330
Fax Number: ( 303 ) _ 657-4037
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Title:
Company Name:
Street:
City. .
State: Zip Code:
Telephone Number: ( ) -
Fax Number: ( )_
INSPECTION CONTACT
Contact's Name: Denny Ellsworth Title: Plant Manager
Company Name: Lafarge West , Inc . , a subsidiary of Lafarge NA
Street: 1400 West 64th Ave .
City Denver
State: C 0 Zip Code: 80221
Telephone Number: ( 303 430-9287
Fax Number: f 720 ) _ 494-7960
CC: STATE OR FEDERAL LANDOWNER(if anyl
Agency:
Street:
City.
State: Zip Code:
Telephone Number: ( } _
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City.
State: Zip Code:
Telephone Number: L )-
_ 4 _
,.24 Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
N/A
Mays and Exhibits:
Five(5)complete,unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each
exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered
consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit.
With each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4,6.5, and 1.6.2(1)(b):
EXHIBIT A - Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT I Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
E.XrDBI i M Other Permits and Licenses
E,l'HIBIT N Scarce of Legal Right-To-Enter
EXHIBIT 0 Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to COUtry Commissioners and Conservation District
EXHIBIT R Proof of Filing with Count}-Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.62(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum 1, and Ceotechnical Stability Exhibit arc specified under Rule 6.4 and 6.5 and
Rule I.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required.
or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
5 _
Responsibilities as a Permittee:
on application approval and permit issuance, this application becomes a legally binding document. Therefore,
there are a number of important requirements which you, as a permittee, should fully understand. These
requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge
that you understand your obligations. If you do not understand these obligations then please contact this Office
for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume
legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected
lands associated with your mining operation in the event your permit is revoked and financial warranty is
forfeited;
( 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the
permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that
information contained in the application or your permit misrepresent important material facts; _
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as permittee can result;
<' 4. Any modification to the approved mining and reclamation plan from those described in your approved
�j application requires you to submit a permit modification and obtain approval from the Board or Office;
rU� 5. It is your responsibility to notify the Office of any changes in your address or phone number;
<42 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the
entrance of the mine site, which shall be clearly visible from the access road, with the following information
(Ride 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado
Mined Land Reclamation Board, and,
c. the permit number.
I. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are
clearly visible and adequate to delineate such boundaries prior to site disturbance.
6 -
-10 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions of the Act and the Construction Material
�/� Rules and Regulations in effect at the time the permit is issued.
4"1 9. Annually, on the anniversary date of pet„_it issuance, you must submit an annual fee as specified by
Statute, and an annual report which includes a map describing the acreage affected and the acreage
reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation
Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the
previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995,the annual
fee is for the period of July 1, 1994 through June 30; 1995. Failure to submit your annual fee and report by
the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your
financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the
/ Office with the Board releases you from your total reclamation responsibility.
4-.&'
� 10. For joint venture/partnership operators: the signing representative is authorized to sign this document
and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is
attached to this application.
"lTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office.
Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the
decision date so that you will know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the
public comment period. You should contact the applicant for the final date of the public comment period
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals
process, you may contact the Office at (303) 866-3567.
- 7 -
Certification:
4. ,authorized representative of the applicant,I hereby certify that the operation described has met the mininrum
requirements of the following terms and conditions:
1. To the best of my knowledge, all significant,valuable and permanent man-made structure(s)in existence at the time
this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.RS.).
2. No mining operation will be located on lands where such operations are prohibited by law(Section
34-32.5-115(4)(f),C.R.S.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section
34-32.5-120, C.R.S.) as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,CRS.
Signed and dated this /{ day of O G • 2 0 0 3 .
Lafarge West , Inc . If Corporation Attest(Seal)
A�plicant/ or any Name J
Signed: Signed: /n?'' r( / ?/'r-r.
•
/]",it Ciporate Secretary or Equivalent
Title: VP/GM Aggregates Town/City/County Clerk
Stateof Colorado
) ss
County of Denver )
The foregoing instrtmient was acknowledged before me this /0 Thr day of (0C -(-111.C1- 2 QC
by IC C C -\ as U'PPm PrAO,-Fc -&eCof l ;-ejf (L (ru
JJ
e, C � p
Notary Public
My Commission expires:
SIGNATURES MUST BE LN BLUE INK
Mti c\wk \Cmtstion Il2doe(10/15/2001)
LAFARGE WEST, NC.
DUCKWORTH PIT
112 RECLAMATION PERMIT APPLICATION
Weld County
Colorado
Prepared by:
Lafarge West, Inc.
Front Range Aggregates
Land and Resource Department
GL#411.1
October 2003
EXHIBIT A 3
LEGAL DESCRIPTION 3
EXHIBIT B - 4
INDEX MAP 4
EXHIBIT C 6
PRE-MINING AND MINING PLAN MAPS 6
EXHIBIT D 7
MINING PLAN 7
EXHIBIT E - 10
RECLAMATION PLAN 10
EXHIBIT F 13
RECLAMATION PLAN MAP 13
EXHIBIT G 14
WATER INFORMATION 14
EXHIBIT H 15 _
WILDLIFE INFORMATION 15
EXHIBIT I 19
SOILS INFORMATION 19
EXHIBIT J 24
VEGETATION INFORMATION 24
EXHIBIT K 25
CLIMATE 25
EXHIBIT L 30
RECLAMATION COSTS 30
EXHIBIT M 31
OTHER PERMITS AND LICENSES 31
EXHIBIT N 32
SOURCE OF LEGAL RIGHT-TO-ENTER 32
AFFIDAVIT 33
EXHIBIT O 34
OWNER OF RECORD OF AFFECTED LAND(SURFACE AREA) AND OWNER OF SUBSTANCE TO
BE MINED 34
EXHIBIT P 38
Duckworth Pit
DING 112 Permit
Page 1 of 45
MUNICIPALITIES WITHIN TWO MILES 38
EXHIBIT Q 39
PROOF OF MAILING NOTICES TO COUNTY COMMISSIONERS 39
PROOF OF MAILING NOTICES TO SOIL CONSERVATION DISTRICT 41
EXHIBIT R 43
PROOF OF FILING WITH COUNTY CLERK OR RECORDER 43
EXHIBIT S 44
PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET OF THE AFFECTED LAND 44
GEOTECHNICAL STABILITY EXHIBIT 46
•
DurA-rartlr Pit
DMG 112 Permit
Page 2 of 46
EXHIBIT A
Legal Description
Lot"B", Recorded Exemption No. 1313-16-I-RE347 in the Northeast 'A of Section 16,
Township 2 North, Range 68 West of the 6th P.M. according to the Map recorded
November 6, 1978 in Book 850 at Reception No. 1629063 and July 17, 1979 at Reception
No. 1797006, County of Weld, State of Colorado, being more particularly described as
follows:
Beginning at the Southwest corner of the said SE ''A NE ''A ; thence East 38 rods; thence
North 20 rods; thence West 38 rods; thence South 20 rods to the point of beginning;
Except the N !G of the North 9 acres of the SE ''A NE 'A of said Section 16 as conveyed by
deed recorded in Book 939 at Page 53, Weld County Records; and Except parcel of land as
conveyed by deed recorded in Book 1008 at Page 116, Weld County Records.
DarA-worth Pit
DMG 112 Permit
Page 3 of 45
EXHIBIT B
Index Map
See attached map.
•
Duckworth Pit
DAMG/12 Permit
Page 4 of 45
r+ �
'
- •1-
•
..
•
9
•
•
■
CIION 16. RANGE 68N'- ION'NSHIR?N.6'[TI P.M •
DUCK WORTH
I6 1
S
2719 Weld County Road 20.5
•
\ ..
a dYJ
21
21 ' 22
LAFARGE
NORTH AMERICA
ITCHICAl SER,CCS no.. i .Ism Dune.Wove OM 1»I IM-Cto
R
•
2 �En. DUCKWORTH PERMIT
'EXHIBIT B: VICINITY MAP
• 8"" SKJ °"r` 08/14/11 Y" NTS
N6xfr rli[ w SAO punkin 1/1
GL 411.1
EXHIBIT C
Pre-Mining and Mining Plan Maps
Immediately Adjacent Land Owners of Record
Property ownership information for immediately adjacent surface landowners of record is
contained in the map at the end of this exhibit.
Surface Features
The primary surface water feature within 200 feet of the proposed mine area is Idaho
Creek.
Most of the expansion area is located within the 100-year floodplain area for Boulder
Creek.
Topography
Topography may be characterized as flat to very gently sloping over the areas proposed for
mining. Current site topography is shown on the Pre-mining Plan Map. Surface slopes are
generally to the northeast. -
Area of Affected Lands
The proposed permit area covers 56.5 acres. The total area expected to be disturbed
including mine areas, temporary overburden and topsoil stockpiles, and access roads is
approximately 50 acres.
Vegetation
Vegetation consists primarily of grasses. Wetland vegetation occurs along Idaho Creek,
which will not be mined.
Permanent or Man-Made Structures
All permanent or man-made structures are shown on the attadhed map, and a list of the
structure owners can be found in Exhibit S.
Soils
Soils consist of aquolls and aquepts covering the majority of the site with lesser amounts of
Bankard sandy loam. These soils are described in Soils Survey of Weld County, Southern
Part [United States Department of Agriculture, Soil Conservation Service (SCS), 1980].
Pertinent excerpts from the soil survey are provided in Exhibit I of this document.
Wetlands Delineation
Only non-jurisdictional wetlands, totaling 1.19 acres, will be impacted by the Duckworth
project. Jurisdictional wetlands totaling 2.06 acres are present along Idaho Creek but will
not be impacted by mining.
r
Duekwortl,Pit
DMG 112 Permit
Page 6 or45
Large maps available for viewing in the
Clerk to the Board's Office, Public Review
file.
•
EXHIBIT D
Mining Plan
General
The proposed Duckworth property permit boundary will encompass 56.5 acres; mining
activities are anticipated to disturb approximately 50 acres. An existing mining operation
lies immediately to the south of this property. Pastureland lies to the west, low-density
residences to the north and east. The property is located North of Weld County Road 20 '1,
West of Weld County Road 7.
The deposit consists of alluvial sand and gravel overlain by topsoil and overburden. The
topsoil and overburden layer ranges in depth from 2 to 5 feet with an average thickness of
3.6 feet. The sand and gravel deposit varies in thickness from 13 to 18 feet; the average
thickness is 15 feet. The deposit is underlain by a sandy siltstone. The maximum depth of
excavation will be 25 feet. Overburden volumes have been calculated at 148,000 bank
cubic yards and will be used for reclamation. Resource deposit is estimated to be
1,500,000 tons.
The groundwater level lies 3 to 6 feet below natural ground level. The deposit is therefore
classified as a wet alluvial deposit. However, mining operations will be carried out
following dewatering. The sand and gravel is catalogued in the report Sand, Gravel, and
Quarry Resources, Colorado Front Range Counties (Colorado Geologic Survey, 1974).
Mining Method
Dry mining techniques will be used at Duckworth. Initially, a dewatering ditch will be
excavated around the perimeter of the active mining area. Groundwater recovered in the
dewatering ditch will be discharged in accordance with Colorado/NPDES discharge permit
regulations.
The deposit will be mined in two phases. Topsoil and overburden will be stripped with
scrapers or dozers and placed separately in temporary stockpiles within the mining area
limits.
The aggregate will be mined using front-end loaders. Mined material will be loaded on a
conveyor system for transport to Cottonwood, an existing DMG permitted site (M-1988-
042) located immediately south, for processing with a portable screen and crusher.
Additional conveyors may be constructed inside the mine areas to facilitate transport of the
resource. The mining face will be nearly vertical to V2 : I slope. Direction of mining will
be from the east to the west, and will progress down to the siltstone bedrock.
Access and haulage roads required for the proposed operations are already in existence.
We are not proposing to haul any material from the site.
Duckworth Pit
DMG 112 Permit
Page 7 of 4.5
Mining Schedule
Mining is currently projected to occur at the rate of approximately .5 tons/year. Based on
an estimated reserve of 1.5 million tons, mining will be completed in approximately three
years from the start of operations. Mining is currently projected to commence in the winter
of 2005.
The following is the approximate acreage and time foxmining each phase:
Acres per Phase Time for Mining (years)
Phase I 14 1
Phase II 30 2
Total 44 3
The following equipment and facilities will be utilized in this operation:
Conveyors (2250 ft) Dozer (1) Back Hoe (1)
Graders (1) Loaders (2) Scrapers (2)
Stacking Conveyors Portable Toilet (1)
In order to gain an understanding of the extent of the mining operation, it is helpful to
know the acres disturbed by different aspects of the mine. The point in time where the
mining disturbance could be at its maximum, during the end of Phase II, has been selected
to illustrate the various acres of disturbance:
A. Stripped overburden and topsoil in anticipation of mining 15 acres
B. Active mining area 15 acres
C. Topsoil stockpiles 1 acre
•
D. Roads 1 acre
E. Backfilled with stockpile 7 acres
F. Seeded 6 acres
G. Reseeded for 20% non-germination I acres
Maximum Total Disturbance: 46 acres
Surface Water Management
All mine areas will drain internally. Uncontrolled releases of surface water and sediment
from mining areas will not occur. Stormwater collected in the open pit will be managed in
accordance with Colorado/NPDES discharge permit requirements. Sediment generated
from localized stormwater runoff and surface drainage will be detained in the ponds
already existing at the previously permitted Cottonwood Pit.
Existing water rights at the existing Cottonwood site will be used for dust control
operations along the roads and stockpiles at Duckworth. It is estimated that 2500 gallons a
week will be required to limit dust emissions. The water will be supplied using a 2500-
gallon water truck.
Ducdxonh P;,
DMG 11?Permii
Page 8 of'45
Idaho Creek is located within the property, 650 feet from the eastern boundary, and will not
be disturbed by the mining operation.
The Smith-Emmons ditch is located 200 feet from the western property boundary and will
be relocated along the western edge of the property. The mining boundary minimum offset
= from the western property line is 10 feet. Once the deposit is removed, overburden will be
compacted for the new ditch according to engineered build plans taking into consideration
water flow rates and allowing for the 70-foot easement.
Sand and gravel are the primary minerals produced. Principal intended use of the mined
products is construction aggregates.
Duckworth Pit
DMG/12 Permit
Page 9 o(43
EXHIBIT E
Reclamation Plan
Post-Mining Land Use
The majority of the site is within the 100-year floodplain of Boulder Creek. Weld County
Depaitment of Planning Services considers land located in the 100-year floodplain to be
suitable for agriculture, recreation, and wildlife uses. The post-mining land use as
proposed in this Reclamation Plan consists of open water for recreational purposes and
wildlife habitat. The open water created will consist of two unsealed ponds, approximately
30 and 14 acres. The remaining area, approximately 11 acres, will be vegetated to provide
wildlife habitat. These uses are compatible with the surrounding land uses and with the
Weld County planning goals.
Lafarge West, Inc. will concurrently reclaim pit wall areas in locations where mining has
been completed, according to phases outlined in the Mine Plan. Reclamation, including
regrading and seeding, will be completed in 2 to 5 years following the completion of
mining operations. The mining will leave no highwalls on the property. No acid forming
or toxic materials are used or encountered in the mining. There will be no auger holes,
adits, or shafts left on the site.
Reclamation Measures—Material Handling
Site reclamation measures are illustrated in Exhibit F. Reclamation of the site will include
the creation of unsealed ponds. All pit walls will be re-graded with stockpiled overburden.
Slopes within 5 feet above to 10 feet below the post-mine water level will be no steeper
than 3H:1 V. Topsoil will be spread over the surface of the re-graded slopes in all areas
above the post-mining lake level; all topsoil-covered surfaces will be revegetated.
Disturbed areas associated with site access and the conveyor will be scarified, covered with
topsoil, and revegetated. Topsoil will be replaced, where required, in reclaimed areas at a
depth of approximately three to six inches.
Site grading will be performed to create stable topography that will be consistent with post-
closure land uses. Reclamation quantities and costs are summarized in Exhibit L.
Water
Overburden and mine materials will be inert and impacts to local surface water or
groundwater quality are not anticipated to occur as a result of the development or
reclamation of the proposed expansion area. Lafarge West, Inc. will comply with all
applicable Colorado water laws and all applicable Federal and State water quality laws and
regulations.
Duckworth Pit
DMG 112 Permit
Page In of 4S
Wildlife
Presently, the area is used for livestock grazing. However, some indigenous species may
be temporarily displaced by the proposed mining activities. Existing riparian habitat areas
will be undisturbed by the operation.
Topsoiling
Topsoils in the proposed mine areas are predominantly aquolls, aquents, and sandy loam.
These soils will be stripped and stockpiled during overburden removal and retained for
replacement during site reclamation. Topsoil will be replaced, where required, in
reclaimed areas at a depth of approximately three to six inches.
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. The Soil Conservation Services (SCS) will be contacted
periodically throughout reclamation for soil tests. SCS soil fertilizer recommendations, if
any, will be followed.
Revegetation
Following topsoil replacement, reseeding will be performed according to SCS
recommended practices. Based on SCS guidance for other local projects having similar
surficial soils, the following revegetation procedures are anticipated:
• Grass seed will typically be planted in unfrozen soil between October 1 and
April 30.
• Grass seed will be planted with a grass drill, or where necessary, with a
• broadcast seeder.
• 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 post-mining lake, marsh and aquatic plants will establish
themselves. The species of plants anticipated to occur naturally along the lake shoreline
include cattails, willows, cottonwoods, and bulrushes. These plants should minimize shore
erosion potential.
If a significant invasion of noxious weeds occurs, the area will be mowed periodically for
control. Weeds will be mowed before they go to seed during the first growing season.
Mechanical control will be used as a first priority. Chemical methods will be used only if
no other alternative produces acceptable results.
Duckworth Pit
DMG 11?Permit
Page 11 of 45
•
Proposed Seed Mix
Seed Mix for Upland Areas
Seeding Rate
Scientific Name Common Name Variety
(PLS lb/ac')
PERENNIAL GRASSES
Bromus inermis I Lincoln Smooth Brome 4
Agropvron cristatum Hycrest Crested Wheatgrass 4
Elymus dahuricus Dahurian Wildrye 4
Dactylus glomerate Profile Orchardgrass 3
Lolium perenne Tetraploid Perennial Ryegrass 3 •
Elytrigia intermedia Oahe Intermediate Wheatgrass 2
FORBS
Achillea lanulosa Western Yarrow I 0.1
Dalea purpurea Purple Prairie Clover 0.1
Linum lewisii I Lewis's Blue Fax Appar 0.1
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 seeding.
r
Duckworth Pit
DMG 11?Permit
Page 12 of 43
EXHIBIT F
Reclamation Plan Map
See attached map.
Duckworth Pit
DMG 112 Permit
Page /3 of 45
Large maps available for viewing in the
Clerk to the Board's Office, Public Review
file.
•
EXHIBIT G
Water Information
General
Mining at the Duckworth Pit will intercept shallow groundwater, which lies from 3 to 6
feet below the current ground level. Deeper bedrock aquifers that underlie the site will be
unaffected by the mining operation because of the shallow depth of excavations.
Upon completion of mining, two ponds will remain unsealed for recreational and wildlife
purposes. The resulting ponds will cover an area of approximately 37 acres.
Local surface water ponds, ditches, water courses, and tributaries are shown on the pre-
mining map. The nearest water course is Idaho Creek. No impact to Idaho Creek is
expected as a result of mining.
Potential Water Resource Impacts
The Duckworth Pit sand and gravel operation will have minimal impacts on the water
resources in the area. The nearest domestic wells are part of the St. Vrain and Left-Hand
water service area. Similar wells in the area are in closer proximity to other existing sand
and gravel mining activities and are therefore not likely to be impacted by Duckworth
operations. A portion of the Smith and Emmons ditch will be relocated to facilitate mining.
After sand and gravel excavation, compacted overburden and/or sandy siltstone bedrock
will placed along pit walls to minimize impacts to nearby water resources.
Discharge Permits
The proposed mine will be dewatered and operated as a dry mine. Alluvial groundwater
from pit dewatering will be discharged into Lighthouse Cove and Idaho Creek. The
applicant has a Colorado/NPDES discharge permit for the pit and will discharge in
accordance with permit conditions.
Surface Water Management
A surface water management plan is in effect for the currently permitted operations; this
plan will be updated to incorporate the Duckworth Pit.
Consumptive Water Use
The anticipated consumptive uses for water associated with the proposed amendment can
be described in a Substitute Supply Plan (SSP).
ouch,o th Pit
DMG 11?Permit
Page 14 o145
EXHIBIT H
•
Wildlife Information
Based on previous wildlife assessments prepared by the Department of Wildlife (DOW) in
the general area, species that are commonly found in the area include deer, pheasant,
rabbits, muskrat, beaver, waterfowl, raptors, rodents, magpies, and songbirds. A Mined
Land Wildlife Questionnaire has been submitted to the DOW, see attached.
While bald eagle nesting sites have recently been observed in the general area, no local
bald eagle nesting sites have been identified on or adjacent to the proposed mining area.
The attached letter from the United State's Fish and Wildlife Service (USFW) states that a
population of Preble's meadow jumping mouse (PMJM) is unlikely on this site.
Local wildlife species may be displaced from the area during operations. However, they
are expected to reestablish themselves when mining and reclamation have been completed.
The proposed mining and reclamation will not hinder local movement of wildlife. The
proposed lakes are anticipated to provide valuable habitat to waterfowl and migratory bird
species.
Ducdwordz Psi
DMG 112 Permit
Page IS of 45
CERTIFIED MAIL
7002 3150 0001 7649 9556
October 10, 2003
Colorado Division of Wildlife
Leon Hagler State Wildlife Area
4207 County Road 16E
Loveland, Colorado 80537
Attn: Sharlene Haeger
Re: Request for Wildlife Information -
Dear Ms. Haeger,
At the request of the MLRB, the attached questionnaire has been prepared for your review.
The questionnaire provides information on Lafarge West, Inc.'s Duckworth Pit Sand and
Gravel Operation. Attached are figures that were submitted to the DMG with the Regular
112 Permit Application. These include site map, mine plan, and reclamation plan maps.
If you need more information concerning the project, please contact me at (303) 657-4421.
Cordially,
Suzanne Janzen
EIT, Land Department •
Enclosures
MINED LAND WILDLIFE QUESTIONNAIRE
For Limited Impact and Select Regular Mine Applications
1. Operation Name: Duckworth Pit
2. Application Type: Regular 112 Permit Construction Materials, Surface Mining Operation
3. Name and Address of Applicant: Lafarge West, Inc.
1400 W. 64th Ave.
Denver, CO 80221
4. Name of Contact: Eric Reckentine
(303) 657 - 4430 -
3. Location of Mine: Weld County, T2N, R68W, Section 16, NE1/4
4. Nearest Town/General Location: The towns of Frederick and Erie are located
east and south of the proposed mining area.
5. Land Ownership: Private
6. Present Land Use: Pastureland
7. Proposed Final Land Use: Recreational ponds and wildlife habitat
9. Minerals Being Mined: Aggregate
8. Type of Operation: Surface
11. Depth of Excavation and Distance to Nearest Surface Water Flow: The maximum
depth of excavation will be on the order of 25 feet. The nearest flowing natural water source
is Idaho Creek, which lies between the mining parcels but will not be impacted. A 60-ft
offset will be maintained from the creek.
12. Total Number of Acres to be Permitted: 55 acres
10. Total Number of Acres Disturbed: 50 acres maximum
11. Miles of roads to be constructed: None
12. Life of Mine (years): Sand and gravel reserves will be sufficient for approximately 3
year of mining. Mining and reclamation are anticipated to require approximately 3 to 5
years.
16. During Which Months Do You Anticipate Active Operation? The project will be
operated on a year-round basis.
17. Will the Completed Mine Contain Ponded Water? Yes.
18. Prepared by: Suzanne Janzen
t*VII Of h.seteallet-----a-- United otates Depai lment of the Interior
t� • FISH AND WILDLIFE SERVICE f—+ � m "
4, ,.,I,, a Ecological Services ','
Colorado Field Office _CZa
755 Parfet Street, Suite 361 ME I u!
FEB ? 2UC
Lakewood, Colorado 80215 `•
IN REPLY REFER TO: CflPY l'_J _ :.1 'u `_-
ES/CO: T&E/PMJM/Other _ _..._....
Mail Stop 65412
JAN 3 0 2003
Ronald Beane
ERO Resources Corporation
1842 Clarkson Street -
Denver, Colorado 80218
Dear Mr. Beane:
Based on the authority conferred to the U.S. Fish and Wildlife Service (Service) by the
Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the Service
reviewed the Preble's meadow jumping mouse, Zapus hudsonius preblei (Preble's), habitat
assessment report submitted with your letter of January 23, 2003. This report regards the
proposed site plan review for the Duckworth Pit on Idaho Creek in Weld County, Colorado.
This project, as proposed, may disturb riparian habitats.
Based on the information provided, and given your compliance with the Preble's survey
guidelines, the Service finds the report acceptable and auees that a population of Preble's is not
likely to be present within the subject area. Thus, the Service concludes that the proposed project
on this site should not have direct adverse affects to Preble's. Should Preble's populations exist
downstream from the site, actions on the site that result in significant modifications of Preble's
habitat downstream (for example, through alteration of existing flow regimes, or sedimentation)
may be subject to provisions of the ESA.
If the Service can be of further assistance, please contact Barbara Spagnuolo of my staff at (303)
275-2370.
Sincerely
C
t (1j/C-?."2/C7R--"----._
LeRoy W. Carlson ,
Colorado Field Supervisor
cc: U.S. Army Corps of Engineers, Littleton, CO
M. Hart, Hart Environmental
Spagnuolo
r Reference:IDS\Weld/Duckwonh.wpd
EXHIBIT I
Soils Information
Excerpts from the Soil Survey of Weld County, Southern Part(SCS, 1980) are provided in
this Exhibit. Most of the soils in the proposed areas are aquolls, aquents, and bankard
sandy loam that commonly occur on-bottomlands, floodplains, and natural dtainageways.
These are generally deep, poorly drained soils that formed in recent alluvium.
These soils are primarily suited for pasture, rangeland, and wildlife habitat. They are well
suited to reestablishment of grasses as proposed in the Reclamation Plan. If recommended
by SCS, soil samples will be subjected to agricultural testing to evaluate fertilizer
requirements.
•
Dm-North Pit
DMG/12 Permit
Page 19 o[45
•
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LLAFARGU
NORTH AMERICA
TECHIICQ SER.CES rso• ra...� I...t.`r ma poll ur-am
iii,
IDUCKWO1 'TH PERMIT
MIL IEX-71RIIT I: SOILS INFORMATION
1wtn.¢c (v&.�I!I.1 urn akin
8 SOIL SURVEY
filter the leachate. Sewage lagoons require sealing. 60 percent of the unit. Aquents, which have a lighte
Lawns, shrubs, and trees grow well. Capability subclass colored surface layer, make up about 35 percent. About
..---. IIs irrigated. percent is Aquepts and Bankard sandy loam.
2—Altvan loam, 1 to 3 percent slopes. This is a deep, These are deep, poorly drained soils that formed n
well drained soil on terraces at elevations of 4,500 to 4,900 recent alluvium. No one pedon is typical. Commonly th
feet. It formed in old alluvium deposited by the major soils have a mottled, mildly alkaline to moderately al
rivers. Included in mapping are small areas of soils that kaline loamy or clayey surface layer and underlyin:
show evidence of poor drainage. Also included are small, material and are underlain by sand or sand and gravE
long and narrow areas of sand and gravel deposits. within 48 inches. In places they have a gleyed layer in th
Typically the surface layer of this Altvan soil is grayish underlying material.
brown loam about 10 inches thick. The subsoil is brown Most of the acreage is subject to flooding. The wate
and light yellowish brown clay loam and sandy clay loam table is at or near the surface early in spring and recede
about 14 inches thick. The substratum is calcareous loamy to as deep as 48 inches late in fall in some years.
sand about 5 inches thick over gravelly sand. These soils are used for rangeland and wildlife habitat
Permeability and available water capacity - are Some small areas'have been reclaimed by major drainag
moderate. The effective rooting depth is 20 to 40 inches. and leveling and are used for irrigated crops.
Surface runoff is medium, and the erosion hazard is low.
This soil is used almost entirely for irrigated crops. It The potential native andvegetatione is dominated byal alka
is suited to all crops commonly sedge, rsush,
and al western wheatgrass. Sam nen
Pr grown in the area, includ- sedge, rush, and alkali bluegrass are also prominea ing corn, sugar beets, beans, alfalfa, small grain, potatoes,
and onions. An example of a suitable cropping system is 3 Potential production ranges p from d 3,000 pounds per acre i
to 4 years of alfalfa followed by corn, corn for silage, favorable years to eter pounds in unfavorable years. A
sugar beets, small grain, or beans. Land leveling, ditch range condition deteriorates, the switchgrass,ean alka
lining, and installing pipelines may be needed for proper sacaton, and western wheatgrass decrease and saltgras
water application. sedge, and rush increase.
All methods of irrigation are suitable, but furrow ir- Management of vegetation should be based on takin
half and leaving half of the total annual production. Seed
rigation is the most common. Barnyard manure and com-
ing is difficult and costly because numerous tillage prat mercial fertilizer are needed for top yields.
Windbreaks and environmental plantins of trees and tices are required to eliminate the saltgrass sot
shrubs commonly grown in the area are generally well Switchgrass, western wheatgrass, alkali sacaton, to
wheatgrass, and tall fescue are suitable for seeding. The
suited to this soil. Cultivation to control competing
vegetation should be continued for as many years as can be seeded into a clean, firm seedbed. Seedbe
possible following planting. Trees that are best suited and preparation usually requires more than 1 year t
eliminate.the saltgrass sod. A grass drill should be usec
have good survival are Rocky Mountain juniper, eastern
redcedar, ponderosa pine, Siberian elm, Russian-olive, and Seeding early in spring has proven most successful.
Wetland wildlife, especially waterfowl, utiii e this uni hackberry. The shrubs best suited are skunkbush sumac,
lilac, Siberian peashrub, and American plum. The wetland plants provide nesting and protective cove]
This soil can produce habitat elements that are highly as ,well as some food. The nearby irrigated croplanc
suitable for openland wildlife including pheasant, cotton- where wildlife obtain much of their food and fmd protec
tail, and mourning dove. Such crops as wheat, corn, and tive cover, makes this unit valuable to both wetland an
alfalfa provide suitable habitat for openland wildlife, openland wildlife.
especially pheasant. Tree and shrub plantings and Openland wildlife, especially pheasant, use this unit fo
undisturbed nesting cover would enhance openland wil- cover and nesting. Deer find excellent cover in som
dlife populations. areas.
This Altvan soil has fair to good potential for urban These valuable wildlife areas should be protected from
and recreational development. The chief limiting soil fea- fire'and fenced to prevent encroachment and overuse b
tures for urban development are the shrink-swell poten- livestock. They should not be drained.
tial of the subsoil as it wets and dries and the rapid These soils have good potential as a source of sand an
permeability of the sand and gravel substratum. Septic gravel. Capability subclass VIw; Salt Meadow range site.
tank absorption fields function properly, but in places the 4—Aquolls and Aquepts, flooded. This nearly IevE
substratum does not contain enough fines to properly map unit is in depressions in smooth plains and along th
filter the leachate. Sewage lagoons require sealing. bottoms of natural drainageways throughout the surve
Lawns, shrubs, and trees grow well. Capability subclass area. Aquolls, which have a dark colored surface Jaye:
Ile irrigated. make up about 55 percent of the unit. Aquepts, whic
3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about 2
^nearly level map unit is on bottom lands and flood plains percent. About 20 percent is soils that are well draine
of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 48 inches c
which have a dark colored surface layer, make up about the surface.
W' ^COUNTY, COLORADO, SOUTHERN PART 9
These are deep, poorly drained soils that formed in If summer fallowed in alternate years, this soil is well
recent alluvium. No one pedon is typical. Commonly the suited to winter wheat, barley, and sorghum. Winter
soils have a mottled, mildly to moderately alkaline loamy wheat is the principal crop. The predicted average yield is
or clayey surface layer and underlying material that ex- 33 bushels per acre. If the crop is winterkilled, spring
t/'r to a depth of 60 inches or more. In places they have wheat can be seeded. Generally precipitation is too low
a a -yed layer in the underlying material. for beneficial use of fertilizer.
Most of the acreage is subject to excessive runoff. The Stubble mulch farming, striperopping, and minimum til-
water table is at or near the surface in spring and during lage are needed to control soil blowing and water erosion.
the peak of the irrigation season. Terracing also may be needed to control water erosion.
These soils are used for rangeland and wildlife habitat. The potential native vegetation on this range site is
Some small areas are irrigated pasture. dominated by sand bluestem, sand reedgrass, and blue
The potential native vegetation is dominated by grama. Needleandthread, switchgrass, sideoats grama,
switchgrass, prairie cordgrass, saltgrass, alkali sacaton, and western wheatgrass are also prominent. Potential
big bluestem, indiangrass, western wheatgrass, slender production ranges from 2,200 pounds per acre in favora-
wheatgrass, sedge, and rush. Cattails and bullrush row ble years to 1,800 pounds in unfavorable years. As range
in the swampy spots associated with these range sites., condition deteriorates, the sand bluestem, sand reedgrass,
Potential production ranges from 4.000 pounds per acre in and switchgrass decrease and blue grama, sand dropseed,
favorable years to 3,000 pounds in unfavorable years. As and sand sage increase. Annual weeds and grasses invade
range condition deteriorates, the tall and mid grasses the site as range condition becomes poorer.
decrease, production drops, and saltgrass, sedge, and rush Management of vegetation should be based on taking
increase. The farming and irrigation in adjacent areas has half and leaving half of the total annual production. Seed-
ing is desirable if the range is in poor condition. Sand
increased the amount of salts on much of the acreage.
Management of vegetation on this soil should be based bluestem, sand reedgrass, switchgrass, sideoats grama,
on taking half and leaving half of the total annual produc- blue grama, pubescent wheatgrass, and crested wheat-
tion. Switch grass, big bluestem, indiangrass, grass are suitable for seeding. The grass selected should
gm western meet the seasonal requirements of livestock. It can be
wheatgrass, pubescent wheatgrass, intermediate wheat- q
grass, tall wheatgrass, and tall fescue are suitable for seeded into a clean, firm sorghum stubble, or it can be
seeding. The plants selected should met the seasonal drilled into a firm prepared seedbed. Seeding early in
requirements of livestock. For successful seeding, a firm •spring has proven most successful.
seedbed is needed. A Windbreaks and environmental plantings are generally
prepared grass drill should be used.
"?ing early in spring has proven most successful. Til- suited to this soil. Soil blowing, the principal hazard in
is needed to eliminate the undesirable vegetation. establishing trees and shrubs, can be controlled byt cul-
Wetland wildlife, especially waterfowl, utilize this unit. eng only in the tree row and by leaving a strip of
vegetation between the rows. Supplemental irrigation
The wetland plants provide nesting and protective cover may be needed at the time of planting and during dry
as' well as some food. The nearby irrigated cropland, periods. Trees that are best suited and have good survival
where wildlife obtain much of their food and find protec- are Rocky Mountain juniper, eastern redcedar. ponderosa
tive cover, makes this unit valuable to both wetland and pine, Siberian elm, Russian-olive, and hackberry. The
openland wildlife. shrubs best suited are skunkbush sumac, lilac, and Siberi-
Openland wildlife, especially pheasant, use this unit for an peashrub.
cover and nesting. Deer find excellent cover in some Wildlife is an important secondary use of this soil. The
areas. These valuable wildlife areas should be protected cropland areas provide favorable habitat for ring-necked
from fire and fenced to prevent encroachment and pheasant and mourning dove. Many nongame species can
overuse by livestock. They should not be drained. Capa- be attracted by establishing areas for nesting and escape
bility subclass. VIw; Aquolls in Salt Meadow range site, cover. For pheasants, undisturbed nesting cover is essen-
Aquepts in Wet Meadow range site. tial and should be included in plans for habitat develop-
, 5—Ascalon sandy loam, 1 to 3 percent slopes. This is ment. Rangeland wildlife, for example, the pronghorn an-
a deep, well drained soil on uplands at elevations of 4,600 telope, can be attracted by developing livestock watering
to 5,200 feet. It formed in alluvium. Included in mapping facilities, managing livestock grazing, and reseeding
are small areas of rock outcrop. where needed.
Typically the surface layer is brown sandy loam about Few areas of this Ascalon soil are in major growth and
10 inches thick. The subsoil is pale brown and yellowish urbanized centers. The shrink-swell potential of the sub-
brown sandy clay loam about 15 inches thick. The sub- soil as it wets and dries is the most limiting soil feature
stratum to a depth of 60 inches is calcareous fine sandy that must be considered in planning homesites and con-
loam. structing roads. Capability subclass IIIe nonirrigated;
Permeability is moderate. Available water capacity is Sandy Plains range site.
high. The effective rooting depth is 60 inches or more. 6—Ascalon sandy loam, 3 to 5 percent slopes. This is
"ace runoff is slow, and the erosion hazard is low. a deep, well drained soil on uplands at elevations of 4,600
12 ^ SOIL SURVEY '^
This soil has good potential for urban and recreational Wildlife is an important secondary use of this soil. The
development. Increased population growth in the survey cropland areas provide favorable habitat for ring-necked
area has resulted in increased homesite construction. The pheasant and mourning dove. Many nongame species can
chief limiting soil features for urban development are the be attracted by establishing areas for nesting and escape
-shrink-swell potential of the subsoil as it wets and dries cover. For pheasants, undisturbed nesting cover is essen-
d the limited ability of this soil to support a load. Septic tial and should be included in plans for habitat develop-
tank absorption fields function properly, but community ment, especially in areas of intensive agriculture. Range-
sewage systems should be provided if the population den- land wildlife, for example, deer and antelope, can be at-
sity increases. Because of the moderately rapid permea- tracted by managing livestock grazing and reseeding
bility of the substratum, sewage lagoons must be sealed. where needed.
Lawns, shrubs, and trees grow well. Capability subclass This soil is not suited to urban or recreational develop-
Ile irrigated. ment because of the flood hazard. Capability subclass
10—Bankard sandy loam, 0 to 3 percent slopes. This IVw irrigated, VIw nonirrigated; Sandy Bottom land
is a deep, somewhat excessively drained soil on flood range site.
plains at elevations of 4,450 to 5,000 feet. It formed in 11—Bresser sandy loam, 0 to 1 percent slopes. This is
stratified recent alluvium along streams and rivers. In- a deep, well drained soil on terraces at elevations of 4,700
eluded in mapping are numerous sand and gravel bars to 4,800 feet. It formed in alluvium deposited by the
and small areas of noncalcareous soils. South Platte River. Included in mapping are small areas
Typically the surface layer of this Bankard soil is of soils that have sand and gravelly sand in the lower
brown sandy loam about 4 inches thick. The underlying part of the substratum.
material to a depth of 60 inches is pale brown calcareous Typically the surface layer is grayish brown sandy loam
sand stratified with thin lenses of sandy loam, loam, and about 11 inches thick. The subsoil is brown and yellowish
fine gravel. brown sandy clay loam about 19 inches thick. The sub-
Permeability is moderately rapid. Available water stratum to a depth of 60 inches is loamy sand.
capacity is low. The effective rooting depth is 60 inches or Permeability and available -water capacity -are
more. Surface runoff is slow, and the erosion hazard is moderate. The effective rooting depth is 60 inches or
low, more. Surface runoff is slow, and the erosion hazard is
This soil is suited to limited cropping. It is sandy and low.
subject to flooding. Pasture is the best use. Tall wheat- This soil is used almost entirely for irrigated crops. It
grass, tall fescue, and annual sweetclover are some of the is suited to all crops
suitable crops. Light, frequent irrigation by furrows P commonly grown in the area includ-
mosting corn, sugar beets, beans, alfalfa, small grain, potatoes,
flooding is best. Commercial fertilizer improves the
.nount and value of forage produced. and onions. An example of a suitable cropping system is 3
to 4 years of alfalfa followed by corn, corn for silage,
The potential native vegetation is dominated by
sugar beets, small grain, or beans. Few conservation prac-
switchgrass, indiangrass, sand bluestem, sand reedgrass,
sideoats grama, needleandthread, and blue grams. Much tices are needed to maintain top yields.
of this range site includes other soils and vegetation in All methods of irrigation are suitable, but furrow r-
sueh a complex pattern that it is difficult to map them rigation is the most common. Barnyard manure and corn-
separately. Potential production ranges from 2,500 pounds mercial fertilizer are needed for top yields.
per acre in favorable years to 1,500 pounds in unfavorable Windbreaks and environmental plantings are generally
years. As range condition deteriorates, the tall and mid suited to this soil. Soil blowing, the principal hazard in
grasses decrease; blue grama, sand dropseed, and forbs establishing trees and shrubs, can be controlled by cul-
increase; and forage production drops. Undesirable weeds tivating only in the tree row and by leaving a strip of
and annuals invade the site as range condition becomes vegetation between the rows. Supplemental irrigation
poorer. may be needed at the time of planting and during dry
Management of vegetation should be based on taking periods. Trees that are best suited and have good survival
half and leaving half of the total annual production. Seed- are Rocky Mountain juniper, eastern redcedar, ponderosa
ing is desirable only in areas large enough to interseed or Pine, Siberian elm, Russian-olive, and hackberry. The
to prepare a seedbed. Switchgrass, sand bluestem, sand shrubs best suited are skunkbush sumac, lilac, and Siberi-
reedgrass, sideoats grama, little bluestem, blue grama, pu- an peashrub.
bescent wheatgrass, and intermediate wheatgrass are Wildlife is an important secondary use of this soil.
suitable for seeding. This soil can be seeded by using an Ring-necked pheasant, mourning dove, and many non-
interseeder or a firm, clean sorghum stubble. A grass drill game species can be attracted by establishing areas for
is required. Seeding early in spring has proven most suc- nesting and escape cover. For pheasants, undisturbed
cessful. nesting cover is essential and should be included in plans
This soil is generally not suited to the establishment for habitat development, especially in areas of intensive
and growth of trees and shrubs. Onsite investigation is agriculture.
needed to determine feasibility and possible tree and This soil has good potential for urban and recreational
.••••"' rub species. development. Lawns, shrubs, and trees grow well. The
EXHIBIT J
Vegetation Information
Vegetation in this proposed mining area consists primarily of various pasture grasses.
Mining will impact a maximum of twelve Cottonwood trees.
The subject site is in agricultural area and the terrain is generally flat and well graded.
Plant productivity is fair to good with soils high in nutrients. The area has been historically
used as pasture.
Most of the vegetation is agriculturally associated or can be regarded as primary invading
types and species typical of early successional stages in areas of good soil.
Grasses
Orchard Grass (Dominant) -
Perennial Ryegrass
Intermediate Wheatgrass
Bindweed
Cheatgrass
Smooth Brome
Weeds
Ragweed (Dominant)
Kochia(Dominant)
Wild Ryegrass
Aster
Prostrate Knotweed
, Other Plants
Yellow Toadflax Penny Cress
Stinkgrass Swithgrass
Common Nightshade Dropseed
•
Big Bluestem Wild Oats
Lambsquarters Ground Cherry
Sandbar Willow Buffalobur
' Tumble Mustard
Duck-north Pit
DING 112 Permit
Page 24 of 45
EXHIBIT K •
Climate
The subject site area has a high plains, continental climate. With the mountains to the west,
variations in temperature are wide. The average annual temperature is lower than in the
high plains, and the temperature increases from east to west in the plains area. Average =
annual precipitation also increases from east to west. In the high plains area, rainfall is
light and humidity is low.
Differences in altitude and exposure create great variations in both temperature and
precipitation. In general, temperatures are cooler at higher elevations, and northern
exposures are cooler than southern exposures. The average frost-free period ranges from
225 to 270 days. Annual precipitation ranges from about 13 to 24 inches and increase with
elevation.
In the eastern high plains area, the climate is modifies considerably from that expected of a
typical high plains because of the nearby mountains to the west. The winds characteristic
of the plains are reduced somewhat by the shielding effect of the mountains.
See attached monthly climatic data. •
Duckworth Pit
DAIG/12 Permit
Page 25 of 45
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EXHIBIT L
Reclamation Costs -
The following items represent the estimated cost to reclaim the Duckworth Pit based on a
maximum disturbed area of 50 acres.
TOTAL
;ITEM COST/ UNIT 'UNIT UNITS TOTAL COST
Grass Seed Mix $39.83 Acre 15 1 $597.5'
Drilling Grass Seed $18.00 • Acre 15 • $270.00
Fertilizer-40#A N&P $29.23 Acre 15 $438.45
Fertilizer Application $12.50 Acre 15 $187.50
Top Soiling w! Dozer/Loader $0.75 LCY p10,000 S 157,500.00
Disking or Scarifying {$28.50 'Acre i15 $427.50
Weed Control $30.00 Acre 15, 5 yrs $2,250.00
4000#/ Acre Grass Hay or Straw $170.00 Acre - 15 •$2,550.00
Spread & Crimp Mulch $49.00 Acre 15 1 5735.00 -
Back Sloping (Done w/ mining) $0.00 Acre 0 I $0.00
Conveyor removal I I $10,125.00
Smith&Emmons ditch relocation l S 150,000.00
Mobilization & Demobilization $1,500.00 Lump Sum 1 $1,500.00
Total Direct Reclamation Cost . 5326,580.9g
Indirect Cost Overhead&Profit i
(Public Liability Insurance) 1.55% $5,062.001I1
(Contractor Performance Bond) 1.55% 55,062.0d
(Contractor Profit) 10.00% $32,658.09;
DMG Project Administration Expense 5.00%l $16,329.05
Total Performance Bond Amount $385,692.22
Cost Per Acre of Reclamation (55 acres total) $7,012.59
Duckworth Pit
DMG 112 Permu
Page 30 at-J
EXHIBIT M
Other Permits and Licenses
A list of other permits, licenses, and clearances in process for the proposed operation is as
follows:
• Weld County Use by Special Review Permit USR
• Air Pollution Emission Permit
• Colorado Discharge Permit for ground water discharge— Permit No. COG-500446
• A Spill Prevention Control and Countermeasures Plan
• Stormwater Management Plan
Duckworth Pit
DING 112 Permit
Page 31 of 45
EXHIBIT N
Source of Legal Right-To-Enter
See attached affidavit.
Duckworth Pit
D.WG 112 Permit
Page 32 of43
Affidavit
As per the Warranty Deed dated April 7, 2000 Mineral Reserves, Inc., a subsidiary of the
Lafarge Corporation, is owner of Section 16, Township 2 North, Range 68 West, 6th
Principal Meridian, Weld County, Colorado. Mineral Reserves, Inc. grants Lafarge West,
Inc. the legal right to enter for the purposes of mining and reclamation and the authority to
apply for all zoning and permits required for such operations.
Signed: ( Date: I G - 4 -o
The forgoing instrument was acknowledged before me this f'7 day of L rn) L4 J ,
�P�SOTq'•�O
N •• A ;O Notary Public
F •DF•
c0‘PP
My arflZ Ences9/1200E My Commission Expires: 7/3 , ou (p
Duckworth Pit
D.11G 112 Permit
Page 33 of 45
EXHIBIT 0
Owner of Record of Affected Land (Surface Area) and Owner of
•
Substance to be Mined
Mineral Reserves, Inc., do Lafarge West, Inc.
PO Box 21588
Denver, CO 80221
See attached Warranty Deed.
Duck-north Pit
DMG JC Permit
Page 34 o/75
••••- - vtaua mss tc:a nay or April . 2000,
between Robert D. Duckwora and Eva M. Duckworth
of the County of Weld - , and State of Colorado
of die first part and Mineral Reserves, Inc. , a Colorado
Corporation
•
a corporation duty organized and existing under and by virtue of the laws of the
State of Colorado ,of the second part whose legal address is 1400 West 64th AVenue,
Denver, Colorado 80221
WrrNESSETR,That the said party of the first part for and in consideration of the sum of ONE- MILLION ONE
HUNDRED NINETY THOUSAND AND NO/100
DCLr.ARS,(51, 190, 000 .00 ),
to the said party of the first part, in hand paid by the said parry of the second part the receipt whereof is hereby confessed end
acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell convey and confsa,
unto the said party of the second part its successors and assigns forever, all the following described logs) or parcei(s) of land.
?ituatc.lying and being in the County of Weld - ,and State of Colorado,to wit:
Lot 'B• , Recorded Exemption No. 1313-_5-1-85347 in the Northeast 1/4 of
Section 16, Township 2 North, Range 66 West of the 6th P.M. according to the
Map recorded November 6, 1978 in Book 850 at Reception No . 1772067, together
with those easements for ingress and egress and road purposes reserved in
those Deeds recorded January 25, 1974 at Reception No. 1629063 and July 17,
1979 at Reception No. 1797006,
County of Weld, State of Colorado
SEE ATTACHED EXHIBIT "A"-MADE A PART HEREOF BY THIS REFERENCE THERETO.
aisu known by screer and number as 2719 Weld County Road 20-1/2, Longmont, Colorado
80504
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining, and
the reversion and reversions.rr•nainder and remainders,tents. issues and profits thereof, and all the estate,right, Etie, interest
claim and demand whatsoever, of the said party of the first per,either in law or equity.of.in and to the above bargained premises.
with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of
die second part its successors and assigns forever. And the said party of the fast part for himself. his heirs, executors, and
administrators,does covenant grant bargain and agree to and with the said party of the second part its successors and assigns,
hint at the time of the ensealing and deti¢ery of'hese presents,he is well seized of the premises above conveyed,as of a good.sure.
perteet absolute and indefeasible estate of inheritance,in law. in fee simple, and has good right full power and lawful authority
to grant, bargain. sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens. taxes, assessments. encumbrances and restrictions of whatever kind or nature soever.
except for taxes for the current year,a lien but not yet due and payable,casements,restrictions, reservations, covenants
kb4fL4$tk,ot-l.bjbd944grd;ilpdy'/ and rights—of—way as set forth in Exhibit "C" attached
hereto and made a part hereof by this reference thereto.
and the above-bargained premises in the quiet and peaceable possession of the said party of the second part, its successors and
assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, shall and will
WARRANT AND FOREVER DEFEND.
'the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF.the said party of the first part has hereunto sct his hand and seal the day and year first above written.
Signed.Sealed and Delivered in the Presence of
Cakci...f.,a1-4-1
Robert D. Duckworth Eva M. Duckworth
STATE OF COLORADO — ) - __ .-
ss.
COUNTY OF BOULDER
The foiego`ngslegvwent was acknowledged before me this 7th day of April , 2000 ,by
Robert D. Diickteorth and Eva M. Duckworth
cllAilk
My Cotiriitii iit\expfres: 4 ,lWbasl03 Witness my hand and official sea..
El_ ' : O 1n /J
• or c,(t\ . FIncr A pICAN / Notary Public
I111111111111111111N1111111I1111111ui Ell uuu11 3 Y
2751409 04112!2000 OS JA 5uki Tsukamoto
2 of 9 R 15.00 0 119.0u .Jeid County CO
"EXHIBIT A"
TOGETHER with all minerals and mineral rights , sand and gravel and sand and
gravel rights, oil and gas and oil and gas rights owned, by Grantors; all
rights of way, easements , improvements, structures, fixtures and all other
property rights appurtenant thereto and /or owned or used by Grantors, in
connection therewith; and any right, title and interest in and to any
adjoining or adjacent streets, roads, or rights of way, all vacated alleys,
streets and roads, strips and gores of land adjoining the land, and all
water and water rights (including all tributary, nontributary and not
nontributary groundwater) appurtenant to the property, including, without
Limitation, those water rights and well permits set forth in Exhibit "B"
attached hereto.
"EXHIBIT B" TOGETHER WITH:
1 . One share of the capital stock cf the Smith and Emmons Ditch Company
2. Twenty Acre Foot Units of The Colorado Big Thompson Project Water.
•
I111111IIii11111111III1111111ilplll IllIIIII\moloIlll -3
7 010 9
P A
3 R 15.00 0 119A8
3Weld County Cp •
"EXHIBIT C"
Right of way for County Road 20 1/2 over the South '30 feet of subject property
as evidenced by various instruments of record.
The right of proprietor of a vein or lode to extract or remove his ore should
the same he found to penetrate or intersect the premises thereby granted as
reserved in United States patent recorded May 12, 1886 in Book 34 at Page 305;
and any and all assignments thereof or i nterest .therein.
Oil and Gas Lease to The Vessels Company recorded June 20, 1980 in Book 906 at
Reception No. 1827988.
The following matters as disclosed on the ALTA/ACSM Land Title Survey by
Robert M. Sayre dated March 28, 2000 :
a. Right of way for Smith-Emmons Ditch and maintenance road for same.
L. Rights of way for ditches along the North, East and west lot lines.
c. The fact that the fence lines do not coincide with the property lines.
d. Encroachment of shed onto adjoining property in the Southwesterly corner
of subject property.
y , l""
EXHIBIT P
Municipalities within Two Miles
The proposed expansion is located in unincorporated Weld County. The following
municipalities are within two miles of the Duckworth Pit.
• Town of Frederick
P.O. Box 435
Frederick, CO 80530
(303) 833-2388
Duckworth P::
D1/G 112 Perm::
Page 38 of:3
EXHIBIT Q
Proof of Mailing Notices to County Commissioners
See attached.
Duckworth Pit
DMG 112 Permit
Page 39 of 45
CERTIFIER MAIL
7002 3150 0001 7649 9709
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Lafarge West, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of
construction materials operations in Weld County. The attached information is being provided to -
notify you of the location and nature of the proposed operation. The entire application is on file
with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational ponds and wildlife
habitat use. Pursuant to Section 34-32.5-116(4), C.R.S., the Board may confer with the local Board
of County Commissioners before approving of the post-mining use. Accordingly, the Board would
appreciate your comments on the proposed operation. Please note that, in order to preserve your
right to a hearing with the Board on this application, you must submit written comments on the
application within twenty (20) days of the date of last publication of notice pursuant to Section 34-
32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Minerals and Geology, 1313 Sherman Street. Room 215,
Denver, Colorado 80203, (303) 866-3567.
V4 s;�
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Proof of Mailing Notices to Soil Conservation District
See attached.
Duckworth Pit
DMG 112 Permit
Page 41 o;
CERTIFIED MAIL
7002 3150 0001 7649 7897
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
WELD COUNTY
Lafarge West, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit
from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of
construction materials operations in Weld County. The attached information is being provided to
notify you of the location and nature of the proposed operation. The entire application is on file
with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational ponds and wildlife
habitat use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local
Conservation Districts before approving of the post-mining use. Accordingly, the Board would
appreciate your comments on the proposed operation. Please note that, in order to preserve your
right to a hearing with the Board on this application, you must submit written comments on the
application within twenty (20) days of the date of last publication of notice pursuant to Section 34-
32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215,
Denver, Colorado 80203, (303) 866-3567.
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- EXHIBIT R
Proof of Filing with County Clerk or Recorder
See below.
•
•
Duckworth Pit
DMG 112 Permit
Page 43 of 45
EXHIBIT S
Permanent Man-Made Structures within 200 Feet of the Affected Land
The mining operation, as proposed, will not adversely affect any of the permanent man-
made structures within 200 feet of the affected area excluding the fence structures owned
by Mineral Reserves, Inc. The Smith & Emmons ditch is being relocated with the
permission of the Smith & Emmons Ditch Company, see attached agreement.
FENCES
Not Affected: Affected:
Coufal, Richard E. & Rochelle E. Mineral Reserves, Inc.
9701 Weld County Road 7 P.O. Bo 21588
Longmont, CO 80504 Denver, CO 80221
131316000009 131316000010
Reuth, Carl W. & Mary Jo
9735 Weld CoRd7
Longmont, CO 80504
131316000083
Western Paving Construction, Co.
P.O. Box 21588
Denver, CO 80221
131316000085
RESIDENCES
Not Affected:
Laybourn, Paul K.
2909 Weld Co Rd 20 '/
Longmont, CO 80504
131316000030
Johnson, Jeffrey J.
2856 Weld Co Rd 20 '/2
Longmont, CO 80504
131316000086
Mineral Reserves, Inc.
P.O. Box 21588
Denver, CO 80221
13131600001
Duckworth P::
DUG 112 Perm.::
Page 44 qi+'
Telephone Line—Not Affected
Qwest Communications
Don Sumer
12680 WCR 58
Greeley, CO 80634
Power Line—Not Affected
United Power
Al Trujillo
18551 East 160th Ave.
Brighton, CO 80601
Water Line—Not Affected
Left Hand Water District
Todd Petry
P.O. Box 210
Niwot, CO 80544
Oil Well—Not Affected
Encana Oil & Gas (USA) Inc.
do Logan& Firmine Inc.
333 W. Hampden Ave.
Suite 740
Englewood, CO 80110
•
Ditches
Not Affected: Affected:
Rural Ditch - Idaho Creek Smith & Emmons Ditch Company
Frank Sewald William Engelhard
11979 WCR 13 10477 Weld Co Rd 7
Longmont, CO 80504 Longmont, CO 80504
Duckworth Pit
DMG 112 Permit
Page 45 of 45
Geotechnical Stability Exhibit
The attached geotechnical stability analysis was completed by Scott, Cox & Associates. a
consultant of Lafarge West, Inc.
r^
DucAmorth Pit
DMG I1?Permit
Page 46 of 46
-- I (. i
J/ SCOTTCOX & ASSOCIATES, INC. consulting engineers • surveyors
M. Edward Glassgow, IV, RE. • William H. Mitzelfeld, P.E.
September 19, 2003
Lafarge
1400 W 64th Avenue _
P.O. Box 21588
Denver, Colorado 80221-0588
Project: 03449
Ladies and Gentlemen:
At your request, and pursuant to the rules and regulations of the Colorado Mined Land
Reclamation Board (6.4.19 — Permanent Man-Made Structures), Mr. Ed Glassgow, P.E.,
Scott, Cox & Associates, Inc. reviewed Western Mobile's existing geologic data (boring
logs) and conducted a-field inspection of Western Mobile's Duckworth Property
(located north of Weld County Road 20 '/s and west of Weld County Road 7) in Weld
County, Colorado. The purpose of this inspection and data review was to provide -
Western Mobile with offset recommendations between areas proposed for excavation
and existing permanent man-made structures. Additionally, we were asked to provide
an opinion regarding offset from waterways, such as Idaho Creek and major ditches.
The available boring log documentation (a total of 27 borings completed at scattered
locations across the site) shows that the soils at this site consist of an average of
approximately 3.5 feet of overburden (consisting of topsoil, clay, sand and
undifferentiated materials logged just as overburden) atop an average of approximately
14.9 feet of sand ,and gravel (although it is unclear if the full gravel section was
penetrated in some of the borings). The groundwater table was not on the boring logs
that we reviewed. However, the groundwater level at nearby investigations that we
have completed has ranged from depths of approximately 6 to 12 feet below the
existing ground surface. The depth of the deeper borings ranged from approximately
15 feet to 20.5 feet. We assume that the boring was terminated at the bottom of the
gravel layer, which would typically be claystone bedrock in this area. Therefore, it is
anticipated, from our review of the boring logs that the pit depth could range from 15
feet to over 20 feet. For the purposes of this report we will assume a maximum mined
depth of 20 feet.
The soils encountered at this site have varying angles of repose. The soils that will
control the stability of the slope are anticipated to be the sand and gravel. Based on our
experience in this area and reference geotechnical engineering literature
("Fundamentals of Geotechnical Analysis" by I. S. Dunn, L. R. Anderson and F. W.
Kiefer) an anticipated conservative angle of internal friction for this material is
approximately 26°. This is based on the assumption that dewatering will keep the face
1530 55th Street • Boulder, Colorado 80303 • (303) 444-3051 • Fax: (303) 444-3387
Serving Colorado with offices in•Boulder•Longmont • Loveland
Project: 03449
Page 2
of the pit moderately dry during the period of time that the pit is active. This
corresponds to a slope of just over 2:1. It has been our experience that the risk of
instability at that slope is low. However, due to the potential layering and lensic nature
of the soils at this site, we are recommending a maximum slope of the pit walls of 3:1 (3
horizontal to 1 vertical). Therefore at a maximum assumed depth of mining of 20 feet, a
minimum setback of 60 feet from any man made structure will afford adequate
protection from the risk of slope instability.
Waterways present a somewhat increased risk of instability due to the continued
presence of a source of water and the fact that it is likely that the groundwater table will
slope upwards toward the elevation of the water surface elevation in the waterway.
Therefore, we recommend that there be an offset of a minimum of 50 feet from
waterways, where no mining takes place. From that point, the 3:1 slope discussed
above would be applicable. We have reviewed the layout of the proposed mining cells
and have noted that it appears that the mining plan has assumed an offset of 50 feet.
Thank you for consulting with us on this phase of the project. If you have any
questions concerning this report, please do not hesitate to contact us.
Sincerely,
euto
Qo A ' r ., SCOTT, COX AND ASSOCIATES, INC.
ccia 'o4•
64.
U •
P. 18302 �* .
F / \ By
�9 rySs�/'{ONmO.*p���� M. Edward I la•.gow, PE
Professional .-ologist
The County Attorney's office has prepared a minimum application standard for water for all Mining
Special Use Permits. The application for all Mining Special Use Permits should address the following
items:
Water Consumption
1. An analysis of the amount of water which will be required to be replaced for each phase of the
mining operation and at build out.
2. The analysis should address the amount of water consumed in the mining and processing of the
material including dust suppression
3. The analysis should address the issue of water consumed for domestic purposes by on-site staff
4. The analysis should address the issue of evaporative losses consumed from exposed
groundwater including a discussion of the feasibility of lining.
Water Replacement Source
1. A description of the surface and well water rights and their anticipated yields when converted to be
used as replacement for the water consumed in the mining operation.
2. Projections as to the mining of replacements to the river system from these sources.
3. A description of methods proposed to monitor, prevent and mitigate against direct injury to users
of wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime
occasioned by the mining operation or to said impacts.
Hello