HomeMy WebLinkAbout20022450.tiff ROCKY MOUNTAIN CONSULTANTS, INC. RMC
Premiere Building
825 Delaware Ave., Suite 500
Longmont. CO 80501
(303) 772-5282
Metro (303) 665-6283
FAX (303) 665-6959
September 25, 2001 (first initial, last name)@long.rmcco.com
Anne Best Johnson and Kim Ogle
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: USR 1354-AGGREGATE INDUSTRIES-WCR,INC., MILLIKEN RESOURCE
Dear Anne and Kim:
The following comments are in response to the referral letters you sent me.
Division of Wildlife
Savage and Savage conducted a wetland delineation, wildlife assessment, and threatened and
endangered species surveys for this property. I have enclosed copies of these reports for your
information.
Wetlands
I have also enclosed the letter we received from the Army Corps of Engineers (ACOE),which shows
which wetlands on the site are jurisdictional. Both the non-jurisdictional and jurisdictional wetlands
are delineated on the Mining Plan we sent you. Note that no mining will occur in jurisdictional
wetlands. In addition, no permit or other authorization by the ACOE is required for work in the
isolated wetlands. If work in the jurisdictional wetlands becomes necessary, we will obtain proper
permits from the ACOE prior to disturbing the wetlands. At this point, the only proposed
disturbance to the riparian corridor is within Area 2. Mitigation measures for the disturbance are
further described below.
Wildlife Assessment/Threatened and Endangered Species
During their Wildlife Assessment, Savage and Savage investigated the likelihood of encountering
potential critical habitat for Preble's meadow jumping mice, Ute ladies'-tresses orchids and western
burrowing owls. They determined there was potential critical habitat for the mice and orchids. No
potential western burrowing owl habitat was identified. Next, they performed a pedestrian search in
accordance with the approved U.S. Fish and Wildlife Service survey protocol during the period of
blooming of a known type population of the orchid. No individual or populations of the orchids
were found during the survey. Savage and Savage also conducted a trapping survey for the Preble's
meadow jumping mouse. One mouse was found during the survey at the north end of the Milliken II
site adjacent to the South Platte River.
EXHIBIT
I O5
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
2002-2450
Anne Best Johnson and Kim Ogle �MC
September 25, 2001
Page 2
On August 28, 2001, Mike Savage and I met on site with Field Habitat Biologist Mike Sherman
(Colorado Division of Wildlife), District Wildlife Manager Courtney Crawford(CDOW) and Peter
Plage from U.S. Fish and Wildlife Service(USFWS) to discuss concerns related to wildlife, wildlife
habitat, and avoidance, minimization, and mitigation measures for the Preble's meadow jumping
mouse. Everyone agreed that threatened and endangered species fall under USFWS jurisdiction. As
the mouse was encountered on the project site, a mitigation or habitat conservation plan will be
required by USFWS. Savage and Savage has prepared mouse mitigation plans acceptable to USFWS
and is currently in the process of developing a plan for this project site. Depending on the permitting
avenue pursued, approval of the mouse mitigation plan could take from six to eighteen months. At
this time,the essential elements of the mitigation plan are envisioned to include 1) avoidance of
nearly all significant mouse habitat within the riparian corridor, minimization of disturbance to any
mouse habitat outside the riparian corridor, and mitigation through creation of additional mouse
habitat during reclamation within the project area, enhancing existing habitat within the boundaries
of the South Platte riparian corridor, and creating additional mouse (and wildlife) habitat along the
currently degraded Big Thompson riparian corridor. The mining and reclamation plan will also
diversify wildlife habitat, improve the water quality (as the property evolves from a managed farm to
a water storage reservoir)and expand the width of the wildlife corridor. Mr. Plage stated that
anything that is in agriculture currently is not considered mouse habitat. However, if current
agricultural areas are reclaimed to suitable mouse and/or wildlife habitat, they will be considered as
additional mitigation in support of the listed species. We are proceeding with the mitigation plan and
USFWS permitting at this time so that the mitigation plan and any initial mitigation measures will be
in place well before mining begins (Aggregate Industries—WCR, Inc. (Aggregate) currently
anticipates mining will not begin for approximately five years.)
Area 2
The cottonwood trees within the riparian corridor along the South Platte River represent mature and
potentially senescent trees. As cottonwood trees are dependent upon scouring and floods for seed
dispersal and recruitment of new seedlings, and since floods along the South Platte have largely been
eliminated, there is no revegetation and subsequently no variety in the ages of the trees.
Unfortunately, as these trees die, they will not be replaced naturally. To compensate for the removal
of these trees, Aggregate will plant various sizes of trees in the corridor to diversify the trees' age and
structure. We believe this will ultimately improve the cottonwood riparian community and enhance
the dispersal corridor for wildlife.
Area 10/Setback from Big Thompson River
Aggregate agrees to eliminate mining in Pod 10 along the Big Thompson River. This means Pod 11
will be the closest pod to the Big Thompson River. Pod I 1 is already 200 feet away from the Big
Thompson River. Additionally, Aggregate proposes to improve wildlife habitat along the Big
Thompson River as an element of the mouse mitigation plan.
Setback from South Platte River
Aggregate will increase the mining setback in Pod 5 to 200 feet from the South Platte River.
Rnc
Anne Best Johnson and Kim Ogle
September 25, 2001
Page 3
Setback From Wetland Between Pods 6 and 7
The levee waterway(identified as jurisdictional wetlands on the mining plan) is a man-made feature,
resulting from the construction of the flood control levee immediately to the south on the Milliken II
property. This feature is fed by groundwater, augmented by irrigation tailwater runoff, and during
the majority of the year does not flow to or reach the South Platte River. Currently, this feature and
the levee to the immediate south form a barrier to wildlife within the South Platte riparian corridor to
the southeast. We do not agree with the necessity of imposing an additional setback when this
barrier is present and formidable. The area to be mined to the north contains no significant wildlife
habitat as it is in agricultural production, hayed regularly, or heavily grazed. The concurrent
reclamation of this site will mitigate possible disturbance to waterfowl and shorebirds because there
will be several new ponds that will be created before this area is disturbed. In addition, during the
winter when CDOW feels there could be a freeze on the South Platte River, the majority of
shorebirds and many waterfowl will have migrated, and those that remain will be able to use the
established reclamation ponds.
Bald Eagles
Savage and Savage searched for eagle roost sites as well as eagle nesting sites using Colorado
Natural Heritage Program database information. This information and the results of those searches
were incorporated as part of the Wildlife Assessment. No roosts were identified on Aggregate's side
of the river. Savage and Savage spent considerable time at the site. While observing wildlife they
observed bald eagles over the site in the winter and early spring (2001) but they did not witness any
roosting. We feel that the reported roost may be occasionally used but it is not a significant feature
in the eagles' overall territory. Without further definitive documentation that this is a bald eagle
winter roost site of significance,we do not believe a buffer of the magnitude described is warranted.
In addition, negative impacts to bald eagles in similar scenarios such as Barbour Ponds and Barr
Lake have not been observed. Barbour Ponds, immediately west of Interstate 25 was mined in the
past and bald eagles have been regularly observed on or near the numerous mining operations
currently operating in the area. Bald eagles continue to be present at Barr Lake State Park, which
receives heavy human use throughout the nesting season as well as the entire year.
City of Greeley
It is our understanding that the Colorado Department of Transportation does not allow street trees to
be planted within a state highway right-of-way. Tree placement along highways at the site would be
inconsistent with the goals of the reclamation plan and inconsistent with development of wildlife
habitat. Savage and Savage recommends that tree planting be grouped in natural arrangements.
Office of the State Engineer
Aggregate Industries, WCR—Inc. will obtain the Office of the State Engineer's approval on a
temporary substitute supply plan prior to exposing groundwater.
Rnc
Anne Best Johnson and Kim Ogle
September 25, 2001
Page 4
Please contact us if you have any questions.
Sincerely,
SAVAGE AND SAVAGE ROC MOUNTAIN CONSULTANTS, INC.
Abitelve
Michael Savage Danna Ortiz
Vice President Natural Resource nner
Cc: Norm Roche, Aggregate Industries—WCR, Inc.
H:\3919_00TWeldCty\RMC Referral Letter to Weld County Milliken.doc
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ROCKY MOUNTAIN CONSULTANTS, INC. R111C
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e h " ""' 'J iu r,;:lllg amp acspt, Premiere Building
825 Delaware Ave., Suite 500
Longmont, CO 80501
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(303) 772-5282
Metro (303) 665-6283
.n+n q FAX (303) 665-6959
„ , 4 J � T�9rst initial, last name)@long.rmcco.com
September 27, 2001 `'yyJ
Kim Ogle
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: USR 1354 -AGGREGATE INDUSTRIES-WCR, INC., MILLIKEN RESOURCE
Dear Kim:
Please continue USR-1354 to the November 20, 2001 Planning Commission hearing.
Thank you.
Sincerely,
RO Y MOUNTAIN CONSULTANTS, INC.
0/,Danna Ortiz
Natural Resources Planner
H:\3919_007\WeldCty\ContinuanceLtrwpd
EXHIBIT
{ky
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING + 4-
MEMORANDUM
Ww`pe. TO: The Weld County Planning Commission
COLORADO DATE: October 8, 2001
FROM: Kim Ogle, Planner III '(O
SUBJECT: Use by Special Review - USR 1354
Aggregate Industries - WCR, Inc., Milliken Resource
do Danna Ortiz, Rocky Mountain Consultants, Inc.
Danna Ortiz, of Rocky Mountain Consultants, Inc., and representative for Aggregate Industries -
WCR, Inc., requests a continuance of this case until November 20, 2001.
The Department of Planning Services concurs with this request.
r
EXHIBIT
S1
PATINA
OIL&GAS CORPORATION
1625 Broadway, Suite 2000
Denver, Colorado 80202
October 10, 2001 (303) 389-3600
(303) 389-3680 Fax
Weld County Colorado Department of Planning Services
1555 North 17th Ave. Weld County Planning Dept,
Greeley,CO 80631
Re: Aggregate Industries-WCR, Inc. " T 1 1 2001
Use by Special Review# 1354
Open Pit Mining and Materials Processing Operation RECEIVED
Township 4 North, Range 66 West,6th P.M.
Sections : 4, 5 & 8
Weld County, Colorado
Ladies and Gentlemen:
With respect to the proposed Open Pit Mining and Materials Processing Operation, please be advised that
Patina Oil & Gas Corporation ("Patina") is the owner of certain oil and gas leasehold rights under the
application lands and operates eight oil and gas wells on the lands. Patina is very concerned about the impact
the mining operation will have on Patina's ability to develop, produce, operate and maintain oil and gas wells
on the lands. Patina has received no confirmation from the applicant that Patina's real property rights to use a
reasonable portion of the surface of the lands for oil and gas development are being preserved.
By virtue of its ownership of a portion of the oil and gas leasehold estate underlying the lands, Patina has the
right to access the oil and gas under the lands by drilling vertical oil and gas wells pursuant to existing
Colorado Oil and Gas Conservation Commission well location rules, including Rule 318A. Patina is strongly
opposed to any surface development that would require Patina to incur the additional costs and risk associated
with directional drilling or that would impair Patina's access to its existing wells or other potential well
locations.
To reiterate, Patina objects and is opposed to any county sanctioned use of the surface that would preclude
Patina from drilling, producing, operating and maintaining oil and gas wells on the lands. Until this matter is
resolved by agreement with the applicant, Patina is not waiving its rights as a leasehold owner. The Mining
and Materials Processing Operation must take into account Patina's existing and potential wellsites, pipelines,
access roads and production facilities.
Patina requests that these comments be entered into the record for the application and that Patina continue to
be provided with advance notice of all future public hearings affecting the application. If you have any
questions, please contact the undersigned or Dave Padgett at 303-389-3600.
Sincerely,
PA Nv/OIL &` S CORPORATION
avid W. e frja
Vice President
c: Dave Padgett
EXHIBIT
1 la
iii
Davis Graham & Stubbs LE
Weld County Planning Dept,
October 9, 2001 1 1 1001
RECEIVED
Ms. Kim Ogle, Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: HS Gathering, L.L.C./Notice of Pipeline Interests
Case Number USR-1354;Site Specific Development Plan
Township 4 North,Range 66 West
Portions of Sections 4, 5 and 8
Weld County, Colorado
Dear Ms. Ogle:
This law firm represents HS Gathering, L.L.C. ("HSG"). Please be advised that HSG
owns right-of-way grants traversing the lands included within applicant's proposed asphalt
mining operation. HSG's pipeline easements and rights in connection therewith are more
particularly described in the instruments granting such rights-of-way and recorded at Reception
Nos. 26531224, 26531235 and 26531248 of the real property records of Weld County, Colorado.
The applicant and HSG have yet to negotiate accommodation of the existing pipeline
easements and the proposed development, nor have the parties discussed safety measures or
otherwise coordinated adequate protective measures to insure the integrity of the pipeline
easements during the proposed mining operations. Should have specific questions concerning
HSG's pipeline interests,please contact Mr. Matt Miller of HSG at (303) 296-3600.
Very truly yours,
L22ifter-4- 77 4.23/i,
Dustin M. Ammons
for
DAVIS, GRAHAM & STUBBS LLP
DMA/jw
cc: Matt Miller- HSG
Colorado Division of Minerals and Geology
r
N39844191
October 9,2001 07:53am Dustin M.Ammons,Esq. . 303 892 7488 . dustin.ammons@dgslaw.comEXHIBIT
1550 Seventeenth Street • Suite 500 • Denver, Colorado 80202 • 303 892 9400 - fax 303 893 1379 1 2
w w w.dgs la W.com
FROM : ARBORLAND NURSERY FAX NO. : 9705872832 Oct. 15 2001 05:25PM P2
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ARBORLANO
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NURSERY
10-15-01
Weld County Planning and Building Commission
915 10"'Street
Greeley, CO 80631
Attn: Kim Ogle
Re:Aggregate Industries Reclamation Permit M-2000-087
Also known as the Milliken Resource
I would like the following letter to be entered into the record for consideration on the permit hearing for
the proposed Milliken Resource Aggregate Mine located 2 miles east of Milliken on State Hwy 60.
As a neighboring land owner to the proposed gravel mine known as Milliken Resource, I am writing to
voice my objection to the proposed project. My property lies directly west, across Colorado Highway 60,
from the proposed mining site.
My objections are based upon both the nature of the project and its duration. The following outlines my
greatest concerns:
1. There surely will be noise pollution and dust coming from the-mining. The air pollution coming from
the dust at the ConAgra feed lot to the East is already making life miserable enough. An additional
annoyance in the form of noise-and dust will seriously interrupt the serenity of the entire area,
especially the immediate neighbors.
2. The open pits are surely going to impact the ground water and thus have a negative effect upon both
my domestic wells and irrigation well. My irrigation well is central to my farming enterprise and I can
not afford to experience any reduction in it's output without having serious adverse consequences to
the crops that I raise.
3_ The visual eye sorethat the mining operation will create will ruin the beauty of the area and thus
detract from my property value_ My property falls within the defined Community Growth Plan of the
Town of Milliken and someday will become a residential area. The-Town of Milliken is planning the
interchange of Hwy 60 and Two Rivers Parkway to become the eastern gateway to the entire
community. A gravel mining operation at the front door of the community will surely have an adverse effect upon the esthetic values at the entrance of the town. As both a citizen of the community and a
businessman I recognize the negative economic impact that this will make upon the entire-town.
m
y i t 22465 STATE HIGHWAY 60 MILLIKEN,COLORADO 605x3 W
�„l PHONE(970)587-2258
FROM : RRBORLAND NURSERY FRX NO. : 9705872832 Oct. 15 2001 05:26PM P3
Page 2
For me personally, the presence of a next-door gravel mine which will be in operation for the next 35
years will determine what type-of development will be possible on my property and have a dramatic
negative effect upon my property value.
4. With the increase in development already experienced in the area, Highway 60 has had a dramatic
increase in high speed travel. Slow moving truck traffic coming into and going out of the mine will
cause an additional traffic hazzard on a roadway that is already becoming dangerous.
While I realize that the precious right to private property with which we are blessed in America, a
property owner has the right to do with his property as he-wishes, there is still the consideration of being
a good neighbor that must be observed. No one should be enabled to permanently alter his property
within an existing community so that it also will permanently diminish the property value, quality of life;
and peace of his neighbors.
I have not seen the reclamation plan for this project I do not know what steps are being planned to
restore the property to a state which will be more acceptable once the mining is completed. However, a
35 year project will keep the whole area in limbo for a period which exceeds most of our life spans until
things get back to what used to be normal. If we will have to wait 35 years to have the property
reclaimed, that will be something that only our offspring will see: We will never live long enough to
realize it, And in the meanwhile we will have to endure 35 years of truck traffic, noise, dust, and ugly
disfigurement to the natural beauty that we-have enjoyed for generations.
I am 55 years old and desire to retire before too much longer. Since all of the neighboring properties
laying to the west of this proposed site are within the Growth Plan of the Town of Milliken, residential use
will be the most likely market for our land. It is not fair to me, or my neighbors, if we will have to settle for
a dime on the dollar when we want to sell our property and move on. Would you be willing to take a 90%
decrease in your retirement nest egg? I know that you wouldn't, and neither should we.
I know that the considerations I have outlined are accurate and true. I hope that you take them into
consideration when you render your decision.
Sincerely,
Gene Gene Kammerzell
Arbortand Nursery, Owner
it; 22465 STATE HIGHWAY 60 MILLIKEN.COLORAnO 90643
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PHONE (303) 587-22584$
ROCKY MOUNTAIN CONSULTANTS, INC. RMC
Premiere Building
825 Delaware Ave., Suite 500
Longmont, CO 80501
(303) 772-5282
Metro (303) 665-6283
FAX (303) 665-6959
October 23, 2001 (first initial, last name)@long.rmcco.com
Mr. Gene Kammerzell
Arborland Nursery
22465 State Highway 60
Milliken, Colorado 80543
RE: Aggregate Industries Reclamation Permit M-2000-087—Milliken Resource
Dear Mr. Kammerzell:
Thank you for discussing your concerns about Aggregate Industries' proposed gravel operation
with me. Based on our phone conversations, it is my understanding you have the following
concerns.
Visual Appearance
Aggregate Industries has agreed to plant a landscape buffer between your home and the mining
operation before mining begins. I have attached a mining plan that illustrates the proposed berm
for your review.
Impact on Irrigation Well and Domestic Wells
I spoke with our geologists about the impact of the slurry wall on your wells. They believe that
the slurry wall will not have a dramatic impact on your irrigation well because it is within the
South Platte alluvium and the groundwater is flowing from your well southeast, towards the
Platte. They also believe that the slurry wall should not have an appreciable impact on the
domestic wells' available pumping rates.
To ensure that the slurry wall does not negatively impact the operation of your wells, Aggregate
Industries will install pizometers near the property line to monitor the groundwater. We would also
like your permission to drill a monitoring well near your irrigation well so that we can measure the
drawdown of the water table during pumping. With this knowledge we should be able to anticipate
the likelihood of the well being prone to production problems during mining, and can anticipate the
need for mitigation. Aggregate Industries will commit to fix any well production problems that arise
during mining.
Weed Control
I have attached the weed control plan that Aggregate Industries submitted to the Division of
Minerals and Geology.
Fencing
Aggregate Industries does not anticipate that the site will be fenced.
EXHIBIT
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING I S■
Mr. Gene Kammerzell
October 23, 2001 MC
Page 2 of 3
Please let us know if you have any questions regarding our commitments. If this commitment is
satisfactory please indicate your acceptance by signing where indicated below.
Sincerely,
Rocky ountain Consultants, Inc.
'WA OF,'
Danna Ortiz
Natural Resources Planner
cc: Norm Roche, Aggregate Industries, Inc.
Greg Squire, Division of Minerals and Geology
Kim Ogle, Weld County Department of Planning Services
Acceptance
I, the undersigned accept Aggregate Industries— WCR, Inc. 's commitment to mitigate any well
production problems caused by, and during, mining as described above.
Mr. Gene Kanunerzell Date
Arborland Nursery
22465 State Highway 60
Milliken, Colorado 80543
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WEED MANAGEMENT PLAN
Unmined Areas
Continue irrigated, agricultural production and management and maintain access to irrigation
ditches as long as possible. Gradually replace irrigated crop production with pasture grasses so
that the grasses can be established prior to discontinuing irrigation on the property.
Mining Areas
Short Term
1) Replace topsoil and allow weeds to grow.
2) Kill weeds with a contact herbicide. Use Tordon (must be applied by a certified applicator
per manufacturer's instructions) as an initial chemical control in areas where there is no
threat of contaminating a water supply. In areas within 6 feet of the water table, use
aquatic 24D or Rodeo.
3) Seed with cover crop (such as sterile sorghum).
4) Mow weeds and cover crop during the spring and summer to prevent them from producing
seed heads.
5) In the fall, kill the cover crop and weeds with an appropriate contact herbicide and drill
permanent dryland grass mixture in stubble. (We anticipate that the cover crop will take
the place of mulch.)
Long Term
Monitor and control noxious weeds as they appear. Watch weeds to determine proper time to
mow. Mow property for first growing season. The first season may require 2 to 3 or more
mowings to adequately control the weeds. After the grasses become established, chemicals may be
used.
ROCKY MOUNTAIN CONSULTANTS, INC. RMC
r-. Premiere Building
825 Delaware Ave., Suite 500
Longmont, CO 80501
(303) 772-5282
Metro (303) 665-6283
FAX (303) 665-6959
October 23, 2001 (first initial, last name)@long.rmcco.com
Union Ditch Company
C/o President Gary Alle
26285 Weld County Road 47
Greeley, Colorado 80631
RE: Aggregate Industries—WCR, Inc., Special Review Permit for Gravel Mining near
Milliken, USR— 1354,
Dear Mr. Alle:
Thank you for commenting on Aggregate Industries —WCR, Inc.'s (Aggregate) Special Review
Permit application. Following is a response to your comments in the order you listed them.
1. In August 2000, Aggregate applied for a temporary substitute water supply plan with the
Office of the State Engineer for the Milliken 1 site (south of Weld County Road 396, east
of Highway 60). The plan describes the projected depletions to the South Platte River
stream flow caused by the future mining of the property and a method for replacement of
those depletions. The proposed replacement uses 4.5 shares of Big Thompson and Platte
River Ditch (out of 8.75 shares total on the property), plus an annual lease of a small
amount (three acre-feet) of reusable return flows from the City of Greeley.
2. We do not believe that the mining operations will negatively impact the Union Ditch as it
is located on the south side of the South Platte River and all mining will occur on the
north side of the River.
3. No, we have not filed an augmentation plan before the Office of the State Engineer,
Division of Water Resources.
4. The proposed gravel operation will increase traffic. Traffic Engineer Eugene Coppola
estimates that at full operation, at the highest peak hour the site could generate 24 trips on
Highway 60. Aggregate Industries has been working with Union Pacific Railroad to find
a way to make the railroad an integral part of the transport of materials from this site.
This will dramatically reduce the traffic on Highway 60.
5. This property is situated within one of the principal aggregate deposits in Weld County.
The areas where this nonrenewable resource is found are becoming more and more
EXHIBIT
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING I 32
Mr. Gary Alle
October 23, 2001 � I
Page 2 of 2
scarce. Both the State of Colorado and Weld County recognize this fact and support(
gravel extraction. The Weld County Comprehensive Plan states, "Weld County II
recognizes that mineral resource extraction is an essential industry. The availability and
cost of materials such as sand and gravel has an economic affect on the general
construction and highway construction industry" (March 1999, page 6-5). The Plan
further states, "Access to future mineral resource development should be considered in
all land-use decisions in accordance with Colorado State Law. No Weld County
governmental authority ...shall... permit the use of any area known to contain a
commercial mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extractor"(page 6-5).
We believe that it can be a benefit that Aggregate Industries is permitting this resource as
one operation, rather than having several smaller operations in this area. This is
providing more opportunities for reclaiming site and enhancing the riparian corridor.
Please call me when you receive this letter so we can ensure that we have adequately responded
to your concerns. If this letter is satisfactory please indicate your acceptance by signing where
indicated below.
Sincerely,
Roc , !Mountain Consultants, Inc.
WA/ 0/1/tyzi
Danna Ortiz
Natural Resources Planner
cc: Norm Roche, Aggregate Industries, Inc.
Greg Squire, Division of Minerals and Geology
Kim Ogle, Weld County Department of Planning Services
Acceptance
I, the undersigned accept Aggregate Industries — WCR, Inc. 's commitment to mitigate any well
production problems caused by, and during, mining as described above.
Mr. Gary Alle Date
Union Ditch Company
H:\3919_007\WeldCty\UnionDitchResponse.doc
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