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Home My WebLink About20022442.tiff DEPARTMENT OF PLANNING SERVICES 1555 N. 171h Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540 Fax(970)304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION s�3// FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY b Application Fee lWto Receipt Number ONO/ Case Number V5w- t359 Recording Fee Receipt Number Zoning District Application Checked By 51 Planner Assigned to Case t� To be completed by APPLICANT in 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: (to include an asphalt and concrete batch plant as well as recycling plant) LEGAL DESCRIPTION: Parcels of land in Sections 4, 5 and 8,Township 4 North, Range 66 West. County of Weld, State of Colorado PARCEL NUMBERS: 105708000024, 105705000031, 105708000021, 105708000020, 105704000004, 105704000006 (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: c/o Harvey E. Deutsch Deutsch, Spillane, and Reutzel 9145 E. Kenyon Ave., Suite 200 Name: RML Property Investors, LLC Address: Denver, CO 80237 Phone: (303) 694-1982 Name: Albert and Karen Kammerzell Address: 13603 WCR 396 Milliken, CO 80543 Phone: 3. Owner(s) of mineral rights or substance to be mined: Name: Diamond G Enterprises Address: 2020 Terry St., Ste.A; Longmont, 80501 Phone: (303)702-0708 Name:Albert and Karen Kammerzell Address: see above Phone: 4. Sources of applicant's legal right to enter and to mine on the land described: See Legal Right to Enter Letter(Exhibit N, DMG MLRB 112 Permit Application) 5. Applicant's Address: Aggregate Industries West Central Region, Inc. Phone: f303) 985-1070 Address: 3605 South Teller St., Lakewood, CO 80235 Phone: 6. Identify any prior permits for mining held by applicant or affiliated person: Neighbors Pit in Boulder County(MLRB Permit No. M-79-083-R), Milliken Resource in Weld County(M-2000-087), Fredstrom Resource in Boulder County(M-2001-016),etc. 7. Description of Operation: A. Types and number of operating and processing equipment to be used: Please refer to Special Review Use Questionnaire. B. Maximum number of employees: 20 , and number of shifts: 2 EXHIBIT 2002-2442 1 • APPLICATION FOR: USE BY SPECIAL REVIEW PERMIT FOR AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. MILLIKEN RESOURCE Prepared For Submittal To: Weld County Department of Planning Services 2400 North 17th Avenue Greeley, Colorado 80631 On Behalf Of: Aggregate Industries West Central Region, Inc. 3605 South Teller Street Lakewood, Colorado 80235 Prepared By: Rocky Mountain Consultants, Inc. 825 Delaware Avenue, Suite 500 Longmont, CO 80501 August 2001 RMC Job#:80-3919.007.00 ROCKY MOUNTAIN CONSULTANTS,INC. RFNC ,-. Premiere Building 825 Delaware Ave.,Suite 500 Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial,last name)@long.rmcco August 9, 2001 Mr. Kim Ogle Weld County Department of Planning Services 2400 North 17th Avenue Greeley, CO 80631 RE: Aggregate Industries West Central Region,Inc.—Resubmittal of USR 1279, Use by Special Review Application to mine sand and gravel near Milliken, Colorado Dear Mr. Ogle: On behalf of Aggregate Industries West Central Region, Inc., enclosed is the revised application for USR 1279. This application is to mine and process sand and gravel and to operate asphalt and concrete batch plants. Please note we have expanded the site to include an additional 288 acres. The operator has been working with the Weld County Public Works Department on the realignment of Weld County Road to provide safer access to this site. Public Works conditionally approved the plans pending the receipt of a deed granting additional right-of-way to the County. Enclosed please find: • Use by Special Review Application • Special Review Plat(entitled Extraction Plan Map per the regulations) • Reduced copy of the Extraction Plan Map • Use by Special Review Questionnaire (please note that application requirements 2, 6, 7, 9, 10, 11, 12 are addressed in this questionnaire) • Weld County Road Access Information Sheet • The complete Division of Minerals and Geology(DMG)Reclamation Permit Application. This application contains: — A description of the proposed mining(Exhibits C and D) and final reclamation plans (Exhibits E and F) — Evidence of adequate water supply(Exhibit G) — Soils information (Exhibit I) — Proof of legal right to enter(Exhibit N) • 500 foot Property Ownership Report • Certified List of Mineral and Surface Owners and Lessees • $1,455 application fee • $20 fee for the legal notice to the Board of County Commissioners hearing • Dust Abatement Plan r CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING Mr. Kim Ogle August 9, 2001 Page 2 Thank you for your assistance. Since ely, 7JTMOUNT& ULTANTS INC. Danna Ortiz Natural Resources Planner cc: Norm Roche, Aggregate Industries, Inc. Reggie Golden, Diamond G Enterprises Ken Broadhurst,Dakota Water Resources,LLC Albert and Karen Kammerzell Harvey Deutsch, RML Property Investors, LLC Attachment H:\3919_007\W eldCty\W e1dUSR.W PD C. Number of stages to be worked: 12 , and period of time each is to be worked: There is an anticipated 28 million tons of gravel total which will be mined at a rate of 850,000—1.5 million tons/year. D. Thickness of mineral deposit: 17—58 feet, and thickness of the overburden: 0—11 E. This will be a wet/dry pit operation. 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): Access onto Weld County Road 396 and then use Two Rivers Parkway and State Highway 60. 8. Description of reclamation A. Proposed reclamation land use(s): Developed Water Resource B. Source of technical advice for reclamation: Office of the State Engineer, Soil Conservation Service, Colorado Division of Wildlife, Rocky Mountain Consultants, Inc., Division of Minerals and Geology C. Explanation of Reclamation Process: See Exhibit E of the attached DMG MLRB 112 Permit application for a detailed description of the reclamation process. 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: 1-27-97 SPECIAL REVIEW USE QUESTIONNAIRE Aggregate Industries, Inc. This letter in conjunction with the attached DMG Reclamation Permit application will serve as the Special Review Use Questionnaire. Proposed Use of Property The applicant is proposing to mine the gravel on this property and reclaim it as a series of ponds. Consistency with the Weld County Comprehensive Plan This application is consistent with the Weld County Comprehensive Plan. The mining operation will promote the following goals and policies: • CM.Policy 1: Access to future mineral resource development areas should be considered in all land-use decisions in accordance with Colorado State Law. No Weld County governmental authority which has control over zoning 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. This property is situated within one of the principal aggregate deposits in the County. According to the County Sand, Gravel Resources Map,the resource is classified as Fl — floodplain deposit of relatively clean and sound gravel. • CM.Goal 2: Promote the reasonable and orderly development of mineral resources. • CM.Goal 3: Minimize the impact of surface mining on surrounding land uses, roads and highways. The operator will minimize the impact of the mining operation by surrounding the processing area by stockpiles to minimize noise, watering the haul roads and stockpiles as necessary to control dust and by entering into a road maintenance agreement with the County. • CM.Goal 4: Minimize hazardous conditions related to mining activities and the mining site. The applicant will comply with all federal, state and local regulations. • CM.Goal 5: Provide for timely reclamation and reuse of mining sites in accordance with the Comprehensive Plan, Subdivision and Zoning Ordinances. This site will be reclaimed into a series of ponds, a use which is consistent with the County Comprehensive Plan and regulations. Consistency with Weld County Zoning Ordinance This applicant will conduct operations in a manner which is consistent with the operations policies set forth in Section 44.4 of the Weld County Zoning Ordinance. Compatibility with Surrounding Land Uses The proposed operation is compatible with the surrounding land uses. These uses include: a tree nursery to the west, an elk ranch to the north, several residences, a farm, farmhouse and agricultural land surrounding the proposed operation. The processing area will be located towards the center of the property and surrounded by material stockpiles to mitigate noise. The ponds are permitted in the existing zone and are compatible with agricultural uses. The Weld County Comprehensive Plan does not project future development near this property and it is not within a municipality's urban growth boundary. Page-1- SPECIAL REVIEW USE QUESTIONNAIRE Aggregate Industries, Inc. Method of Mining Operation Please refer to Exhibits D and E in the DMG application for a detailed description of the mining plan and the reclamation plan. These plans also address: the anticipated mining and reclamation schedules, the size of the area and stages to be worked at any one time and the location of stockpiles. Exhibit I describes the depth and thickness of the mineral deposit and the overburden. There will be no permanent structures associated with mining. There will be no animals allowed near the mining activities at the site. Equipment QUANTITY TYPE OF EQUIPMENT WEIGHT (IN LBS) Processing Equipment 1 6'x 20' Dry Screen 30,000 1 6'x 20' Wet Screen 32,000 1 5'x 12'Wet Screen 25,000 2 4' x 20' Sand Screws 30,000 2 5' x 20'Feeders 70,000 1 4W Concrete Crusher 60,000 1 4'FH Concrete Crusher 52,000 40 Conveyors(various sizes) 128,000 Processing Equipment—Concrete 1 Concrete Plant 8,000 1 Loader 60,000 3 Misc. (conveyors,batch house, silo,boiler) 50,000 10 Concrete Trucks 27,000 empty 85,000 gvw Processing Equipment—Asphalt Drum 85,000 1 Bag House 65,000 1 Asphalt Plant 60,000 1 Loader 60,000 6 Haul Units 27,000 empty 80,000 gvw Page -2- SPECIAL REVIEW USE QUESTIONNAIRE Aggregate Industries, Inc. QUANTITY TYPE OF EQUIPMENT WEIGHT (IN LBS) Rolling Equipment—Gravel 2 Loaders 140,000 2 Scrapers 144,000 Gravel Haul Units 50,000 pay load 85,000 gvw Other Equipment Mobile Daily 3 Pickups 1 Water Truck 1 Mechanic Truck TRUCK TRAFFIC AVERAGE#ROUND TRIPS PER DAY Gravel Trips 150 Concrete/Asphalt Trips 75 Total Average Round Trips/Day 225 Hours of Operation Refer to the Extraction Plan Map for proposed hours of operation. Employees The applicant anticipates there will be a maximum of two shifts and twenty employees per shift working on the site. Adequate Water Supply The applicant has sufficient water rights for the mining, concrete and asphalt operation. The operator will provide bottled drinking water on-site. Please refer to Exhibit G of the attached DMG application for details. Sewage Disposal There are no sanitary sewer facilities associated with the mining operation. During mining Aggregate will use portable restrooms which will be removed after the site is reclaimed. Stormwater Drainage Aggregate will prepare a Stormwater Management Plan per Colorado Department of Public Health and Environment, Water Quality Control Division regulations prior to mining. Landscaping/Final Reclamation Refer to the Exhibits E and F for details on proposed reclamation procedures and landscaping. Exhibit D (Mining Plan) contains the mining and reclamation schedule. Page -3- SPECIAL REVIEW USE QUESTIONNAIRE Aggregate Industries, Inc. Adequate Protection of the Health,Safety and Welfare of Neighborhood and the County The applicant will comply with State and local regulations thus ensuring the protection of the health, safety, and welfare of the inhabitants in the site vicinity and in the County. Please refer to Exhibit M of the DMG application for a list of permits the applicant is obtaining. Floodplain Hazard Area A large portion of this property lies within the South Platte River floodplain (per FIRM map panel number 080266 0750 C, dated September 28, 1982). Per Sections 53 and 26 of the Weld County Zoning Ordinance, a Flood Hazard Development Permit application is in process and will be forwarded upon completion. H:U919_007\WeldCty\WeIdUSR.WPD Page -4- DUST ABATEMENT PLAN 1. During extraction of topsoil/overburden water trucks shall be used as necessary to minimize fugitive particulate emissions. 2. Topsoil stockpile(s) shall be compacted, watered as needed and revegetated in spring or fall to minimize fugitive particulate emissions. 3. Overburden stockpile(s) shall be compacted,watered as needed and revegetated in spring or fall to minimize fugitive particulate emissions. 4. During loading in and out of raw material and finished product stockpiles, water trucks shall be used as necessary to minimize fugitive particulate emissions. 5. Raw material and finished product stockpile(s) shall be watered as necessary to minimize fugitive particulate emissions. 6. Crushers and screen decks located at this site shall be operated with water spray bars except when there is sufficient moisture in the materials to minimize fugitive particulate emissions. 7. All on-site unpaved roads shall be treated with water as needed to minimize fugitive particulate emissions. Dust abatement on the unpaved roads shall be the primary concern due to the fact that the gravel material will carry moisture with it. r 8. Disturbed areas shall be restricted to those areas necessary for the function of the mine. 9. Disturbed areas shall be watered as needed to minimize fugitive particulate emissions. 10. Any disturbed area which becomes inactive shall be revegetated during the spring or fall planting time to minimize fugitive particulate emissions. 11. Haul roads are dust controlled with water and magnesium chloride as necessary to minimize fugitive particulate emissions. 12. 20 miles per hour speed limit signs are posted throughout the pit area to minimize fugitive particulate emissions. APPLICATION FOR A MLRS 112 PERMIT FOR AGGREGATE INDUSTRIES, INC. MILLIKEN MINE Prepared For Submittal To: State of Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman, Room 215 Denver, Colorado 80203 On Behalf Of: Aggregate Industries, Inc. 3605 South Teller Street Lakewood, Colorado 80235 Prepared By: Rocky Mountain Consultants, Inc. 825 Delaware Ave., Suite 500 Longmont, CO 80501 June 2000 RMC Job #:80-0137.086.00 J-. ROCKY MOUNTAIN CONSULTANTS,INC. TABLE OF CONTENTS Regular (112 ) Operation Reclamation Permit Application Form 2 Exhibit A- Legal Description 10 Exhibit B - Index Map 11 Exhibit C - Pre-mining. and Mining Plan Maps 1'- Exhibit D - Mining Plan 13 Exhibit E - Reclamation Plan 15 Exhibit F - Reclamation Plan Map 22 Exhibit G - Water Information 23 Exhibit A- Wildlife Information 27 Exhibit I - Soils Information 28 Exhibit 3 - Vegetative Information 35 Exhibit K - Climate Information 37 Exhibit L - Reclamation Cost 38 Exhibit NI - Other Permits and Licenses 39 Exhibit N - Legal Ri2ht to Enter 40 Exhibit 0 - Owners of Record of Affected Land (Surface Area) and Owners of Substance to Be Mined 43 Exhibit P - Municipalities Within Two Miles 53 Exhibit Q - Proof of Mailing of Notices to County Commissioners and Soil Conservation District 54 Exhibit R- Proof of Filing with County Clerk and Recorder 55 Exhibit S - Permanent Man-made Structures 56 • STATE OF COLORADO` - DIVISION OF MINERALS AND GEOLOGY Deparment of Natural Resources 1311 Sherman St., Room 215 NO I V 5 l O N O F Denver,Colorado 80203 Phone:(303) 866-356; :14 I N E RA L S FAX:IJ031832-8106 • & I GEOLOGY, RECLAMATION , CONSTRUCTION MATERIALS MINING•sA: TY 'i REGULAR(112) OPERATION RECLAMATION PERMIT APPLICATION FORM Bill Owens Governor Greg E.Watcher Execunve Onecror Amendment Application(Rule 1.10b;ynael B. ecio ang CHECK ONE: X New Application(Rule 1.4.5) PP 1.10b,,,,,„,D�reaor Conversion Application(Rule 1.11) Permit# ti - - -_ (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 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and four (4) copies of the completed ivory application form,five(5) copies of Exhibits A-S,Addendum 1,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 I1" 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. Aggregate Industries, Inc. 1. Applicant/operator or company name(name to be used on permit): 1.1 Type of organization(corporation,partnership,etc.): Corporation 1.2 I.R.S.Tax I.D.No. or Social Security Number: 84-0404340 2. Operation name(pit,mine or site name): Milliken Site 3. Permitted acreage(new or existing site): permitted acres 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area 205.2 acres • 4. Fees: ' 4.1 New Application $1,875.00 application fee 4.2 New Quarry Application $2,325.00 quarry application 4.3 Milling Application(Non-DMO) $3,100.00 milling application 4.4 Amendment Fee $1.550.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $1.875.00 conversion fee 5. Primary commodities)to be mined: sand gravel 5.1 Incidental commoditie(s)to be mined: 1. Gold - 5 IbsiTons/vr 2. / Ibs/Tons/vr 3. / lbs/Tons/vr 4. / Ibs:Tons/vr 5. / Ibs:Tons/vr construction materials 5.'- Anticipated end use of primary commodities)to be mined: 5.3 Anticipated end use of incidental commoditie(s)to be mined: — 2 .tame of owner of subsurface rights of affected land: Diamond G (gravel I If 2 or more owners. "refer to Exhibit O". Name of owner of surface of affected land: RML Property Investors LLC 7.1 Names of the holders of any recorded easements on the affected land: see titlework tl ework (Exhibit 0) Type of mininc operation: __Surface Underzround 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) lite SECTION(write number): S 8 TOWNSHIP(write number and check direction): T 4 X North South RANGE (write number and check direction): R 6 o East X West QUARTER SECTION(check one): NE NW SE X SW QUARTSR/QUARIFSECTION(checkone): NE X dt NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Two miles east of Milliken, the approximate elevation is 4700 feet 10. Primary future(Post-mining) land use(check onel: Cropland(CR) Pastareland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(1C) X Developed Water Resources(WR) Solid Waste Disposal(WD) 11. Primary present land use(check one): X Cropland(CR) Pastureland(PL) General Agricultnre(GA) 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): MA t ar i,A 1 will ha rsti nPA with ax('ays t i nn equipment and transported to processing equipment on site using conveyor belts or haul trucks. 13. On Site Processing: X Crushing/Screening 13.1 Briefly explain mining method(e.g. trucklshovel): Crushing, screening, washing of stockpiled or imported sand and gravel , production of concrete and asphalt, milling to recycle concrete and asphalt. List any designated chemicals or acid-producing materials to be used or stored within permit area: none anticipated - 3 - 14. Correspondence_Informatioq: APPLICANT/OPERATOR, (name, address. and phone of name to be used on permit) Norm Roche Title: Manager, Market Development Contact's Name: Company Name: Aggregate Industries, Inc. Street: 3605 South Teller Street city: Lakewood State: CO Zip Code: 80235 Telephone Number: ( 303 ). 985-1070 Fax Number: j 303 )- 716-5299 PERNUTTNO CONTACT (if different from applicant/operator above) Contact's Name: Danna Ortiz Title: Natural Resources Planner Comp any Name: Rocky Mountain Consultants, Ihc., Street: 825 Delaware Ave. , Suite 500 City: I angmon+ State: P 1 Zip Code: 80501 Telephone Number. ( r• )- 772- 2P2 Fax Number: L 3(1'1 )- hfi -Far,o EsISPECTION CONTACT Contact's Name: Norm Roche Tide:Manager, Market Development Company Name: Aggregate Industries, Inc. Street: 3605 South Teller Street City: Lakewood State: CO Zip Code: 80501 Telephone Number: ( 303 )- 985-1070 Fax Number: 1 303 )- 716-5299 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 — ascription of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). ";:ns and Exhibits: (5)complete.unbound application packages must be submitted. One complete application package consists of a signed application and the set of maps and exhibits referenced below as Exhibits A-S.Addendum 1,and the Geotechnical Stability Exhibit. Each ibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered asecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. .h each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the lowing references to Rule 6.4,6.5, and 1.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXEIIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands to include the location of any recorded easements "`XFIIBIT D Mining Plan c)aHBIT 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 Source of Legal Right-To-Enter,to include holders of any recorded easements EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County 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) 'tructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and t.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, •would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. — 5 — Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, :here are a number of important requirements which you, as a permittee, should fully understand. These -equirements are listed below. Please read and initial each requirement. in the space provided, to acknowledge .hat you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 7ite 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 muting operation in the event your permit is revoked and financial warranty is forfeited; ?. 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; 7/.2k 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permirtee can result; 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; 72�5. It is your responsibility to notify the Office of any changes in your address or phone number; 7`—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. 711---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 - 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. A 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 I, 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 anniverciiry 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 until the Board releases you from your total reclamation responsibility. '9L 10. For jo_rt venture/partnership operator: 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. NOTE 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. r — 7 — - Certification: As an 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.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by taw(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, C.R.S. Sited and dated this 2-' day of L , XOO . AloI�szc3O_ 11.-c_Lc, IBC If Corporation Attest(Seal) Apica& perator or Company Name Sied: �G712�1/�i T Vdt l - Burred: Corporate Secretary or Equivalent Title: lipid, 6417 ,/A CF-1 p1/b','z n/1/.61-4/ Town/City/County Clerk • State of Cts e't-E'--R--O ) ss County of L ) The foregoing instrument was acknowledged before me this Z1( day of -A-e-- Ze306 by"ifttrk..ft...0.-4—'v— (2_45-11_,L. as(lla,u-&-LAYI,It 4A L,4- c o � u Rio , c . HOG , p, +��..� Notary Public i c�' 1 I 105 My Commission IR : '`.: 2- j '�a) OF COQ SIGNATURES MUST BE IN BLUE INK M:^MM\SHARE\VSFORMS'.2823CO12APP 01/10/99 You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) whose address and phone number is(Address and Phone Number of the Applicant/Operator) _, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) County Clerk or Recorder's Office, (Clerk or Recorder's Office Address) and should send comments prior to the end of the public comment period to the Division of Minerals and Geology, 1313 Sherman St, Room 215. Denver, Colorado 80203. Certification: I 1 , 'tl N t A ar*`?-- hhereby,certify that I posted a sign containing the above notice ti for the proposed permit 1`-]mown as the(Name of Operation) .1\\\ n ?i� on (Date Posted) SA- e- d- .L pe SIGNATURE DATE 04/25/97 CONOTICE EXHIBIT A - LEGAL DESCRIPTION Lot"B" of Recorded Exemption Number 1057-8-2-RE 1586 as recorded January 3, 1995 in Book 1473 as Reception Number 2421225 of the records of the Weld County Clerk and Recorder and being part of the West Half(W1/2) and part of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE I/4) all in Section Eight (8),Township Four North (T4N), Range Sixty-Six West (R66W) of the Sixth Principal Meridian (6`h P.M.), County of Weld, State of Colorado. Said described parcel of land consists of two separate parcels of land containing 11.222 acres, more or less and 193.978 acres, more or less, (gross acreage of 205.200 more or less) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 10 I •\` , 1 i \f < YI l ?rlmtrs, ell(a,,,,,—,,L, `� \ ] ,/,-/,-",„/ /ae on/ j /� O `..--k,‘ �� l �,� 1 ��j fir, \I / vgstF �� / ,-----1-7---": I , 11 of `\� N .l , "\ � .� 1- > �\iL -,/J hi' �� 'i + _a,0-- ' R� S 1 V�� ! �‘ l � ro �'� �� '^-,r \I� mad: / 1i•411: REa? 1 ��I I 1 //i C �-� �63J .- ,/ - -_ _ - ,4n32 / A a - rt` iar31 raB ,or / „0 / 'Milliken ' N C�V/ �r 1 q,a w, ,�: cr3J� /�-sfa ad.Pit,r Iii., i J/�/ /1 -'L /'in, ^ter a . 'x ` ri l it,�o\ a / -— r.N,d •:��,: c '/ et Vi/ I "- �` • / a� ru / ,---_--, t• o�se ii, f 4 II a <r09 - 1 2e. , C a Weft / / �� 10 •\� it17 Weft .r.a 1 / ano a-� 1i�41N v MU VIP'-• - SOUL n ippn 003 3000 4000 FEET Prated from TOPOI 0197?Wildflower?eeduttcm(www top°eum) :\y"—'-ah'sMaps\AIMilliken.cdr " A re ate Industries' Milliken Site Prepared dn: 99 g Rocky Mountain O MLRB 112 Permit Application Consultants, Inc. Not toscaie Exhibit B -- Vicinity Map qnt EXHIBIT D - MINING PLAN This section follows the requirements outlined in Section 6.4.4. (a) Description of the methods of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands Aggregate will mine the site in five sections or pods. The mining sequence will begin in Pod 1 and continue in order through Pod 5. Pod 5, which is about 10 acres in size, will contain the processing equipment, material stockpiles and the wash pond. Site Preparation Initial disturbance of the property will include preparation for the processing site and installation of a slurry trench around the proposed mining area. The processing site will be elevated out of the 100-year floodplain to allow historic flood drainage to pass throughout the site without impacting the processing equipment. Proposed Mining Process for Each Section After the site is dewatered, scrapers will strip the topsoil and overburden and stockpile it along the perimeter of the area to be mined. The overburden will ultimately be used in reclaiming and sloping the shore. Next, sand and gravel will be excavated by front end loader and transported to the Pod 5 processing plant by a conveyor belt system or haul truck. At the processing plant the material will be screened, crushed, washed and stockpiled to await transportation to its final destination. The processing plant may also process imported material. The stockpiles will be situated to reduce noise created during the operation. This will also reduce the visual distraction caused by moving equipment. Concurrent reclamation will be occurring throughout the mining process. Processing Imported Material Aggregate Industries may process materials imported from other sites. (b) Earthmoving Sand and gravel will be excavated by front end loader and transported to the Pod 5 processing plant by a conveyor belt system or haul truck. It is anticipated that gravel materials removed from the five pods will total approximately 13 million tons (800,000 — 1.5 million tons per year). (c) All water diversions and impoundments Wash water will be impounded in a small pond within the processing area and recycled through a settling pond. Water from the initial site dewatering will be discharged into a settling pond then to the South Platte River consistent with a NPDES permit. AGGREGATE INDUSTRIES, INC. -- MILLIKEN RESOURCE 112 PERMIT PAGE 13 (d) The size of area to be worked at any one time Initially, the perimeter of the site will be disturbed to install the slurry trench and dewatering trench. Aggregate will mine the site in pods to minimize the amount of land disturbed at any one time. A pod may range in size from 8 to 40 acres. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The site will be mined and reclaimed concurrently. Please see the Mining Plan Map (Exhibit C) for the mining sequence. Please refer to Exhibit E —Reclamation Plan, section (e)(i) for timing information. 09 Use Mining Plan Map in conjunction with narrative to present: (i) nature, depth and thickness of the deposit and thickness and type of overburden to be removed The depth of overburden varies from 4' to 6'. The depth of the sand and gravel deposit varies from 39' to 58'. (ii) nature of the stratum immediately beneath the material to be mined in sedimentary deposits The area underlying the bedrock in this area is the Laramie formation which is approximately 4,400 feet thick at the location of this proposed mining activity. (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use The primary commodity to be mined/extracted is sand and gravel. The intended use is for construction materials. (h) Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation The secondary commodity that may be extracted is gold. The rate of gold extraction will not likely exceed 'A ounce per 10,000 tons. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 14 EXHIBIT E - RECLAMATION PLAN This section follows the requirements outlined in Section 6.4.5. The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; Aggregate developed the reclamation plan in conjunction with the landowners, based on the depth and configuration of the gravel resource and the landowners' plans for the property. These proposed plans are founded on the idea that mining in the river floodplain actually affords a tremendous opportunity to restore and enhance river corridors through creative extraction, processing and reclamation techniques. Aggregate proposes to reclaim the property with a series of water storage reservoirs and associated wetland benches. Please refer to the Reclamation Plan Map for reservoir acreages. Aggregate will create the wetlands using the following techniques: • The wash basins will be allowed to fill with silts to an elevation slightly above groundwater level. This establishes the conditions to establish a marshlwet meadow/woody riparian ecosystem. • The edge of the reservoirs adjacent to the South Platte River Corridor will be graded to create shoreline benches. Aggregate will then scarify the bare mineral soil in late spring. This will help emulate the effects of flooding and stimulate the establishment of native trees. These wetlands will help extend the riparian area along the river corridor and thus, the wildlife habitat. Protection of Valuable Habitat We have spoken with Courtney Crawford, the local Colorado Division of Wildlife (CDOW) representative about this project. Aggregate will work with CDOW to minimize the impact to valuable habitat to the maximum extent feasible. Aggregate will preserve the majority of the existing riparian area and monitor the condition of the trees to be preserved. If they appear stressed by dewatering activity, supplemental in-igation water or groundwater pumped from the pits will be applied. (b) A comparison of the proposed post-mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. After mining, the site will be developed as a series of water storage reservoirs. The reservoirs will provide a land use which is compatible with the adjacent agricultural uses. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 15 (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. • The Operator will carry all reclamation to completion with reasonable diligence, and each phase of reclamation shall be completed within five years from the date the Operator informs the Board or Office that such phase has commenced. • Aggregate will comply with all reclamation measures set forth in Section 3.1.5: - Grading will create a final topography that is appropriate for a reservoir and proposed wetlands. - All grading will be performed to help control erosion and siltation of the affected lands. - All backfilling and grading shall be completed as soon as feasible after the mining process. - Any drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. - Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. All slopes will be compatible with specified MLRB standards. - All mined material to be disposed of within the affected area will be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. • No unauthorized release of pollutants to groundwater will occur from any materials mined, handled or disposed of within the permit area. • Aggregate will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and till laws and regulations. • The Applicant will stabilize and protect all surface areas of the affected land, including spoil piles so as to effectively control erosion. • Aggregate will comply with all standards and conditions applicable to classified and unclassified groundwater. • Aggregate will protect the existing and "reasonably potential" future uses of groundwater. We are in process of applying for a well permit and required temporary substitute supply plan to augment evaporative loss from the mining operation. • All aspects of the mining and reclamation plans will take into account the safety and protection of wildlife on the mine site, at processing sites, and along all access roads to the mine site with special attention given to critical periods in the life cycle of those species which require special consideration. • Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be rehandled as little as possible. The topsoil used for perimeter screening berms will be seeded to dryland grass or another appropriate cover crop to control weeds and prevent erosion. • In those areas where revegetation is part of the reclamation plan, land will be revegetated in a way as to establish a diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. • Aggregate will post appropriate signage at the entrance to the mine site and the boundaries of the affected site will be clearly marked. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 16 (d) Plans for topsoil segregation,preservation and replacement;for stabilization, compaction and grading of spoil; and for revegetation. Topsoil Topsoil shall be removed and segregated from other spoil. For reclamation, topsoil will be replaced by a scraper and generally graded with a blade. All grading shall be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside of the affected land from slides and other damage. In addition, all backfilling and grading shall be completed as soon as feasible after the mining process. Topsoil will be replaced on all areas above the anticipated high water line. The minimum thickness shall be 12 inches above the surrounding finished grade. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. Revesetation In an unaltered river system, periodic river flooding regenerates Cottonwood communities by scouring the bare mineral soils and simultaneous prolonged high water level at the time of Cottonwood seed dispersal. Aggregate will scarify bare mineral soil along the shoreline wetland bench in late spring. This will help emulate the effects of flooding and stimulate the establishment of native trees. This method has been studied by the Colorado Division of Wildlife Research Team and has been highly successful on other projects. Please refer to Exhibit E— Reclamation Plan (e) for further details on revegetation. AGGREGATE INDUSTRIES, INC. -- MILLIKEN RESOURCE 112 PERMIT PAGE 17 (e) A plan or schedule indicating how and when reclamation will be implemented. Include: (i) an estimate of the periods of time which will be required for the various stages or phases of reclamation; Mining Schedule Section Being Mined Timing Estimate Pod #1 27 months to mine 12 months to reclaim Pod 42 44 months to mine 9 months to reclaim Pod 43 76 months to mine 9 months to reclaim Pod#4 15 months to mine 9 months to reclaim Pod 45 & Processing Site 19 months to mine 12 months to reclaim Please note that the above schedule is an estimate based on the current market conditions. However. the timing may vary depending upon the demand for construction material and may impact the total life of the mining operation. (ii) a description of the si:e and location of each area to be reclaimed during each phase;and Please refer to the Reclamation Plan Map (Exhibit F). (iii) ou:dining the sequence in which each stage or phase of reclamation will be carried out. Please refer to the Reclamation Plan Map for the reclamation sequence. a) A description of (1)final grading- maximum anticipated slope gradient or expected ranges thereof; All disturbed areas shall be regraded and smoothed to a finished grade suitable for revegetation. 3:1 slope below high water line; 4:1 slope on reservoir banks. AGGREGATE INDUSTRIES, INC. -MILLIKEN RESOURCE 112 PERMIT PAGE 18 (ii) seeding- types, mixtures, quantities and expected times of seeding and planting; Seed Schedule Anderson & Company Scientific Name Common Name Variety Pounds PLS/Acre GRASSES Agropyron riparium Streambank Wheatgrass Sodar 1.00 Agropyron smithii Western Wheatgrass Arriba 2.00 Agropyron smithii Western Wheatgrass Rosanna 2.00 Andropogon gerardi Big Bluestem 2.00 Boutelona gracillis Blue Grama Lovington 1.00 Buchloe dactvloides Buffalograss Sharps Improved 0.50 Festuca pratensis Meadow Fescue Meadow Fescue 1.00 Panicum virgatum Switchgrass Trailblazer 1.50 Poa compressa Canada Bluegrass Rubens 0.50 Schizachyrium scoparium Little Bluestem Cimarron 1.50 Sporobolus cr ptandrus Sand Drop Seed 0.50 FORBS Achiliea millefolium Yarrow 0.10 Gailiardia aristata Blanketflower 0.20 Linum lewisii Blue Flax 0.20 The operator will seed during the appropriate season to assure adequate moisture for germination and control weed to ensure that grasses can establish. Additional plantings will be installed once the reservoirs are full of water. (iii) fertilization - types, mixtures, quantities and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. AGGREGATE INDUSTRIES, INC. -- MILLIKEN RESOURCE 112 PERMIT PAGE 19 (iv) revegetation -types of trees, shrubs, etc. Upon completion of the mining and shoreline reclamation, Aggregate will work with the land owner to install additional plantings. These native and adapted trees and shrubs will enhance the wildlife habitat by providing food and cover for resident and migratory wildlife. It is anticipated that the plant materials will be selected from the following list. Common Name Botanical Name TRES — Evergreen Trees: Eastern Red Cedar Juniperus virginiana Rocky Mountain Juniper- Juniperus sopulorum Oneseed Juniper Juniperus monosperma Austrian Pine Pinus nigra Ponderosa Pine Pinus ponderosa E stlecone Pine Pinus aristada Pinyon Pine Pinus cembrovdes edulis Colorado Spruce Picea Pungens Ornamental Trees: Hawthorn varieties Crataegus var. Flowering Crabapple Malus var. Native Plum Prunus Americana Chokecherry Prunus virginiana Gambel Oak Ourecus gambrelli Deciduous Trees: Green Ash Fraxinus pennsylvanica lanceolata kutumn Purple Ash Fraxinus Americana Western Catalpa Catalpa speciosa Hackberry Celitus occidentalis Bur Oak Gvmnocladus diocius Cottonless Cottonwood Populus var. Silver Maple Acer saccarinum AGGREGATE INDUSTRIES, INC. --MILLIKEN RESOURCE 112 PERMIT PAGE 20 Common Name Botanical Name SHRUBS - Common Buckthorn Rhamnus cathartica Buffalo berry Sheperdia canadensis Siberian Peashrub Caragana arborensis Cistena Cherry Prunus cistena Sand Cherry Corpus mas Alpine Current Ribies alpinium Red Osier Dogwood Cornus stolonifera Oregon Grape Mahonia aquifolium '. Honeysuckle var. Lonicera var. Juniper var. Juniverus var. Lilac var. Svringa var. Mountain Mahogany Cercocarpus ledifolius Ninebark Psycocarpus mono gnus Rabbitbrush Chrvsathamnus nauseousus Austrian Copper Rose Rosa_foetida bicolor Rugosa Rose var. Rosa ncaosa Sage var. Artemisia var. Seviceberr✓ Amalanchier alnifolia Spirea var. Spirea var. Sumac var. Rhus var. Viburnum var. Viburnum var. Blue Stem Willow Salix irrorata (v) topsoiling- anticipated minimum depth or range of depths for areas where topsoil will be replaced. Topsoil will be uniformly placed and spread on all areas disturbed by the mining, above the anticipated high water line. The minimum thickness shall be 12 inches above the surrounding finished grade. • AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 21 EXHIBIT G - WATER INFORMATION (a) Locate on the map (Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs and ditches This operation is expected to directly affect surface water systems. Please see Exhibit C for location of the: • South Platte River • Thompson and Platte Ditch (b) Identify all known aquifers The South Platte River alluvial aquifer is under this property. Refer to Exhibit G-1 for a list of adjacent wells and well owners within 600'. The Existing Conditions Map shows the locations of these wells. (c) Show how water from dewatering operations or runoff from disturbed areas,piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater both during and after the operation Water from the initial dewatering operation and runoff from disturbed areas, piled material and operating surfaces will be likely be diverted to the wash pond for detention and cleansing. The resulting outfall will flow into the South Platte River pursuant to a Colorado Department of Public Health and Environment discharge (CDPS) permit. (d) Estimate project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. Please refer to the attached tables for projected water requirements. We are finalizing a temporary substitute supply plan (tssp) for submittal to the Office of the State Engineer. We can forward a copy of this plan to the DMG upon request. (e)Indicate the projected amounts of the water sources to supply project water requirements The operator will use groundwater to supply operational water requirements. It is anticipated that Big Thompson and South Platte Ditch water will be used to supply reclamation requirements. (This information will be included with the tssp.) • 69 Affirmatively state that the Applicant has acquired or applied for a National Pollutant Discharge Elimination System permit from the Water Quality Control Division Aggregate anticipates this site will not be disturbed for approximately three to five years. Aggregate will apply for a NPDES permit prior to mining or dewatering the site. AGGREGATE INDUSTRIES, INC. -- MILLIKEN RESOURCE 112 PERMIT PAGE 23 C.) o O > 'ty y a Q O O c. o o c c ., r a) aa) C) a 6' - ea a. _p = ..t `° 4✓ z v �_ o C ©C .- 0 0 0 "' U "' `, C ' U C m '.0 r v/: •..+ ti ... O •.... O _6. r L L . I :!1 .r. Cl C. :. n L vl j I � 4O •CI CI _7f 0 Ci yr v I et 1 i 0.1 Na 4 L.'"-:U 4- IQ 2 O = © 0 CIN L tn Z .L N_ 1 !� — . .. 0 to ,6. = /UU� ' N N el �dJ Ci C\ '1 v� /1 F.1 v I — . Z rx* W rr f- I , ' T.r G ma Z ..d `O .• C I W :+ V1 "Zr N C\ N a0.. U i. C f'.N N Q N E Q Q CA Z o 0 Z C Z Z Z 'Cr O O Q ^ U Q U y 4.. O LCD ; C •.: • 0 O .. as 4 cz ..%a E E o cam, a . o O o 'o •r. = co ai y — i M C 411 %•C N , C C . Z Z U 'v M r- M O M I O M = a G M T• n N Tr ‘C .C Tr 00 rt 4: O W Qr U ooo N U 0O In00• NNN 3 000 N O � To. p U ". y w i N. C .. C N. ►1' O CC in O •G ca z a G�1 N • Cs N N a 0a.) cr. = m �' z z C7 c N w — G .. .. a) vlel c � C • • cn C' Table I EVAPORATIVE LOSSES Milliken Pit r., (1) (2) (31 (4) (5) (6) Water Year Percent of Gross Pond Total Effective Net Pond Net Pond 2000 Annual Evaporation Precipitation Precipitation Evaporation Evaporation Month Evaporation for 11 acres (inches) (inches) (inches) (inches) (acre-feet) (1) x43" (31 x 90% (2) - (4) 1 ((5) / 121x11 I I January 3.0% 0.00 0.50 0.45 I 0.00 0.00 February 3.5% 1.60 I 0.44 0.39 1 1.21 I 1.11 March 5.5% 2.52 1.34 1.20 I 1.31 I 1.20 April 9.0% I 4.12 1.70 I 1.53 2.59 2.38 May 1 12.0% I 5.49 2.57 2.31 3.18 2.92 Jure I 14.5% 1 6.63 2.09 1.88 4.75 1_ 4.36 July 15.0% - I 6.86 j 1.58 1.42 5.44 4.99 Aucust 13.5% 6.18 1.37 1 1.23 4.95 4.53 September 10.0% 4.57 1.54 1.39 3.19 2.92 October 7.0% 3.20 0.83 I 0.74 2.46 2.25 Novemoer 4.0% 1.83 0.75 I 0.63 1.15 1.05 December 3.0% I 0.00 0.37 I 0.33 0.00 0.00 I I I I I I Total 100.0% I 43.00 I 15.05 13.55 30.23 I 27.71 .--. Notes: (1) From SEC for elevations below 6,500 feet. (2) Assume Zero Evaporation during months with ice coverage (3) From Table =repared by RMC, Inc. 21-Jun-00 G:10137,_086.011tabie3.wb3 Table 2 OPERATIONAL LOSSES Milliken Pit , (1) (2) (3) (4) (5) , Water Year Amount of Water Lost Water Used Subtotal Total Evaporative 2000 Aggregate With Washed for Dust Operational and Operational Month Production Aggregate Control Losses Losses I (tons) (acre-feet) (acre-feet) 1 (acre-feet) (acre-feet) I j I (2)+(3) (4)-4-Table 1. Col (6) I _ I I January I 83.333 2.45 I 0.00 I 2.45 2.45 February 83.333 r 2.45 _ 0.00 I 2.45 3.56 March 83.333 I 2.45 0.23 I 2.68 3.88 April 83.333 2.45 0.23 2.58 5.06 May 83,333 2.45 0.23 2.68 5.60 June 83.333 2.45 0.46 2.91 7.27 July 83.333 2.45 0.46 2.91 7.90 August I 83.333 2.45 0.46 I 2.91 7.44 September 83.333 I 2.45 0.23 _ 2.58 5.60 October 83.333 2.45 0.23 2.68 4.93 November 83.333 2.45 I 0.00 2.45 3.50 December 83.333 2.45 0.00 I 2.45 2.45 I Total 1.000.000 29.42 2.53 I 31.95 59.66 Notes: (2) Water lost is four percent by weight of washed aggregate. Prepared by AMC, Inc. 21-Jun-00 G:10137_086.01\table3.wb3 EXHIBIT H -WILDLIFE INFORMATION (I) Describe the game and non-game resources on and in the vicinity of the application area including: (a) description of the significant wildlife resources on the affected land; (b) seasonal use of the area; (c) presence and estimated population of threatened or endangered species from federal and state lists; (d) description of the general effect during and after the proposed operation on the existing wildlife of the area, including but not limited to temporary and permanent loss offood and habitat, interference with migratory routes, and the general effect on wildlife from increased human activity, including noise. We spoke with Courtney Crawford, the local Colorado Division of Wildlife (CDOW) representative. Mr. Crawford said he will perform a wildlife survey of the area after he receives this application from the DMG. We will work with CDOW to minimize the impact on wildlife whenever possible. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 27 EXHIBIT I - SOILS INFORMATION (1) In consultation with the Soil Conservation Service or other qualified person, indicate on a map (in Exhibit C) or by a statement the general type, thickness and distribution of soil over the affected land. Test borings drilled July 7, 1999, indicate a layer of overburden ranging from four to six feet in depth. The overburden is underlain by layers of clean river gravel with a thickness ranging from 39' - 58'. The area underlying bedrock in this area is the Laramie formation which is approximately 4,400 feet thick at the location of this proposed mining activity. Please refer to the following summary logs of exploratory drillings and descriptions of soil types (in Exhibit J) for further details. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 28 TH-1 TH-2 TH-3 TH-4 0 -. _ 0 7-7-99 10- - - 10 cs.,,, c c 7-7-99 c 7-7-99 c 20� V - . .... —20 c c c c c _ 1 `w c 7-7-99 w �.. 30_ c �:' _ G —30v a a C w Lk, _ 0 ...+. C c c o --, 40 _ 0 vc -40 G a7 C • & c C . Cr -50 G . r 60- 60 LEGEND: NOTES: OVERBURDEN 1. EXPLORATORY DRILLING AND SOIL DESCRIPTIONS PI WERE PROVIDED BY GOLDENS. RMC PROVIDED ONLY DRA'-iING SERVICES IN PREPARING SUMMARY LOGS. IISAND 2. BORINGS WERE DRILLED JULY 7, 1999. FINE GRAVEL/SAND 3. LOGS ARE DRAWN TO DEPTH. A. LINES BETWEEN MATERIALS REPRESENT o . . MEDIUM GRAVEL/SAND APPROXIMATE BOUNDARIES BETWEEN TYPES. aR' TRANSITIONS MAY BE GRADUAL. 5. WATER LEVELS WILL FLUCTUATE. o o MEDIUM GRAVEL rd JOB NO. 50-0137.060.00 COARSE GRAVEL AND COBBLES i„ A MILL IKEN PROPERTY 5111C CLAY LENS SUMMARY LOGS OF FIGURE EXPLORATORY BORINGS 7-7-99 Z WATER LEVEL AND DATE MEASURED EXHIBIT J -VEGETATIVE INFORMATION (a) Describe present vegetation types including quantitative estimates of cover and height for the principal species in each life form represented(i.e. trees, tall shrubs, low shrubs, grasses,forbs); The majority of the site is actively fainted. The crops are regularly rotated and include: alfalfa, corn, sugar beets, beans, potatoes and pasture. Existing vegetation along the riparian corridor includes mature cottonwoods and grasses. Aggregate Industries will obtain a wetland delineation and a 404 permit prior to any excavation in the wetlands. Refer to the existing conditions map for the approximate locations of mature trees. (b) the relationship of present vegetation types to soils types (or may show on map); According to the United States Department of Agriculture Soils Conservation Service's Soil Suney of Weld County, Colorado: Southern Part (Appendix A), (Issued September 1980), the best-suited vegetation for each soil type is as follows: . • Altvan loam Irrigated crops: corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. Trees: Rocky Mountain juniper, eastern recedar, ponderosa pine, Siberian elm, Russian- olive and hackberry. Shrubs: skunkbush sumac, lilac, Siberian peashrub, and American plum. • Aouolls and Aquents Native vegetation: alkali sacaton, switchgrass, western wheatgrass, saltgrass, sedge, rush, and alkali bluegrass. • Bankard sandy loam Irrigated crops: tall wheatgrass, tall fescue, and annual sweetclover. Native vegetation: switchgrass, indiangrass, sand bluestem, sand reedgrass, sideoats grama, needleandthread, and blue grama. • Colombo clay loam Irrigated crops: corn, sugar beets, beans, alfalfa, onions, and potatoes. Trees: Rocky Mountain juniper, easter redcedar, ponderosa pine, Siberian elm, Russian- olive, and hackberry. Shrubs: skunkbush sumac, lilac, Siberian peashrub, and American plum. • Dacono clay loam Irrigated crops: corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. Trees: Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian- olive, and hackberry. Shrubs: skunkbush sumac, lilac, Siberian peashrub, and American plum. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 35 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 Tenn 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. AGGREGATE INDUSTRIES, INC. -- MILLIKEN RESOURCE 112 PERMIT PAGE 36 EXHIBIT K - CLIMATE INFORMATION Aggregate's Milliken site is in an semi-arid continental climate strongly influenced by the Rocky Mountains. The area is usually warm in the summer with frequent hot days. In winter,periods of very cold weather are caused by arctic air moving in form the north or northwest. Milder periods occur when westerly winds are warmed as they move downslope off the mountains to the west. Weather monitoring data is not available from the site. The nearest weather monitoring station is in Greeley. The Greeley UNC Station is at elevation 4715 feet and has been operated for over 40 years. Normal temperature and precipitation data have been established for this station. According to the National Oceanic and Atmospheric Administration's Climatological Data Annual Summary, Colorado, 1998, total precipitation around Greeley. Colorado. averages 14 inches. Most of the precipitation occurs as rainfall during the warmer part of the year with the heaviest rainfalls in the late spring and early summer. Winter snowfall is frequent but the snowcover usually melts quickly during the milder periods. The annual temperature for the area averages 49 degrees Fahrenheit. J F M A M J J A S 0 N D A A E A P A U U U E C 0 E N N B R R Y N L G P T V C N U A , L AVERAGE TOTAL PRECIP (INCHES) 0.4 0.3 1.1 1.5 2.6 2.0 1.5 1.2 1.3 0.9 0.7 0.5 13 AVERAGE TEMP (°F) 26 32 39 49 58 68 74 71 62 51 37 28 49 AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 37 EXHIBIT L - RECLAMATION COST We have selected the phase of the mining that includes the largest area that will be disturbed at one time to calculate the potential reclamation liability. This will occur during phase 3. Activity Quantity I Units Unit Cost Cost 's A. Stripped overburden and topsoil- approximately 40 acres of disturbance i 1. Replace overburden 87,266 CY $.84 73,304 2. Replace 12" of topsoil 64,533 CY $.84 54,208 3. Seed and mulch 40 Acres $400 16,000 B. Road- to remain for future access C. Processing area- equipment is portable and would be removed by the operator ' 1. Remove concrete base for scale 120 CY $65 7,800 2. Scarify ground 10 Acres $150 1,500 3. Spread 12" topsoil 16,200 CY $.84 13,608 4. Seed and mulch 10 Acres 5400 4,000 D. Settling pond 1. Place overburden 5' on 1 acre 8,100 CY 5.84 6,804 2. Place topsoil 12" on 1 acre 1,620 CY 5.84 1,360 . 3. Seed and mulch 1 Acres $400 400 E. Phase 2 lake shore final grade seed & mulch 1. Finished Grading 21,000 CY $.84 . 2. Replace topsoil - 12" on 3 acres 5,000 CY $.84 17,640 3. Seed and mulch 3 Acres $400 4,200 1,200 F. Silt pond reclamation/wetland creation 1. Seed to specified wetland mix. 17 Acres $400 6,800 G. Plantings 1. Plant trees and shrubs 1 LS $40,000 40,000 Total of Disturbance Costs 248,824 . Contractor Mobilization(10%) 25,000 • Overhead(15%) 41,073 i Administration(5%) 13,691 ' Total 328,588 `. Disturbed acreage - 71 acres - Financial warranty per acre- $4,628 AGGREGATE INDUSTRIES, INC. -MILLIKEN RESOURCE 112 PERMIT PAGE 38 EXHIBIT M - OTHER PERMITS AND LICENSES Aggregate Industries will apply for the following permits prior to mining: Colorado Department of Public Health and Environment • Air Pollution Emission Notice (ADEN) permit • Colorado Discharge Permit System (CDPS) and Stormwater Management Plan United States Army Corps of Engineers • Disposal of Dredge and Fill Material (404) Permit Weld County • Use by Special Review Permit • Floodplain Development Permit Colorado State Engineer's Office ▪ Well Permit • Temporary Substitute Supply Plan AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 39 EXHIBIT N - LEGAL RIGHT TO ENTER Please see the attached letters. AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 40 June 2, 2000 Diamond G Concrete Company, a Colorado corporation c/o Reginald V. Golden �r-�± �,,,� 2020 Terry Street, Suite A AGGREGATE Longmont, CO 80501 INDUSTRIES Dear Reggie: This letter is to confirm our understanding regarding the proposed gravel mining operation on the RML Property Investors LLC (which Diamond G owns the sand and gravel) property east of Milliken (northeast of the intersection of WCR 46 and State Highway 60). We have agreed in principal that Aggregate Industries, Incorporated will mine your gravel from the property. It is our understanding that we have your permission to proceed with the necessary permits to mine the property and that we will not commence mining until we have executed an agreement that outlines respective costs and responsibilities. Please acknowledge this understanding by signing below and return this letter to me at your — earliest possible convenience. Thank you for your assistance. Sincerely, AGGREGATE INDUSTRIES, INC. Norm Roche Manager, Market Development Acknowledged: tY Diamond G Concrete Company Date by: Reginald V. Golden H:\0137_086\LegaLRighttoEnterGravel.wpd WEST CENTRAL REGION 3605 South Teller Street Lakewood,Colorado 80235 United States of America Telephone: (303)935-1070 Facsimile: (303)716-5269 An AGGREGATE INDUSTRIES PLC Company June 19, 2000 RML Property Investors LLC, a Colorado limited liability company AAk c/o Reginald Golden and Harvey Deutsch, Co-managers 9145 E. Kenyon Avenue, Suite 200 AGGREGATE Denver, CO 80237 INDUSTRIES Dear Reggie and Harvey: • This letter is to confirm our understanding regarding the proposed gravel mining operation on RML Property Investors LLC's property east of Milliken (northeast of the intersection of WCR 46 and State Highway 60). We have agreed in principal that Aggregate Industries, Incorporated may enter your property for purposes of mining related activity. Please acknowledge this understanding by signing below and return this letter to me at your earliest possible convenience. Thank you for your assistance. Sincerely, AGGREGATE INDUSTRIES. INC. • Norm Roche Manager, Market Development Acknowledged: Acc\ ��,i +�ArV 'tfcr>, wz� C - I c.� LL RIAL Property Investor I,L�C Date by: Reginald Golden, Co-manager RML Property Investors LLC Date by: Harvey Deutsch, Co-manager H:10 137_0861Le ga[R i gh ttoE nter.wpd • WEST CENTRAL REGION 3605 South Teller Street Lakewood,Colorado 80235 United States of America Telepnone: (303)985-1070 Facsimne (303)716-5269 EXHIBIT 0 - OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED —' Owners of Surface Area RML Property Investors, LLC, A Colorado Limited Liability Company clo Harvey E. Deutsch, Manager Deutsch, Spillane, and Reutzel 9145 E. Kenyon Avenue, Suite 200 Denver, CO 80237 Owners of Substance to be Mined Diamond G Enterprises c/o Reginald Golden 2020 Terry Street, Suite A Longmont, CO 80501 AGGREGATE INDUSTRIES, INC. - MILLIKEN RESOURCE 112 PERMIT PAGE 43 Hello