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Home My WebLink About20022452.tiff Savage and Savage practical solutions for environmental problems 464 West Sumac Court 303 666-7372 telephone Louisville,Colorado 80027-2227 303 665-6808 facsimile November 1, 2001 Mr. Mike Sherman, Wildlife Biologist Colorado Division of Wildlife Fort Collins Area Office 317 W. Prospect Road Fort Collins, Colorado 80526 Re: Aggregate Industries Milliken Project, Bald Eagle Night Roost Concerns Dear Mike: From our discussions with Danna Ortiz of Rocky Mountain Consultants, we understand that agreement has been reached on all of the Colorado Division of Wildlife's concerns at the Milliken project save one. There remains a concern over the existence and proximity of a bald eagle night roost adjacent to the Milliken II area along the South Platte River. During eleven site inspections and visits over the course of the first six months of this year, we observed one bald eagle soaring over the general area. However, based on your suggestion, and his assistance in prior projects with raptor issues, we consulted with Mr. Jerry Craig, the raptor specialist for the Division of Wildlife. Jerry was familiar with the general area of the Milliken project and the habits of bald eagles in the area. We discussed the specifics of the mining and reclamation plan for the Milliken project and the existing topography, hydrology, and vegetation of the site. Jerry also provided a wealth of information on eagle hunting roosts and night roosts. From our discussions, Jerry suggested that an eagle night roost survey for the Milliken site be undertaken to determine the presence and number of eagles and night roosts at the site. This survey would be undertaken from mid-December 2001 through January 2002 and entail weekly visits to the Milliken site. The survey would be conducted from one hour before dusk to one hour after dusk and comprise visual observation of the riparian corridor along the South Platte River for bald eagle activity. Observations regarding the presence and number of bald eagles would be recorded, as well as the location of any roosts employed during the time of observation. The specific location of any bald eagle roost would be identified as long as this determination could be undertaken without disturbance to any eagles. From the survey, the presence or absence of any bald eagle roosts would be determined for the Milliken project area. If no eagle roosts were observed during the survey, we would conclude that prior eagle roosting observations were of a transient nature and would not require measures to mitigate for bald eagle night roosting at the project site. 2002-2452 Mr. Mike Sherman Milliken Project Bald Eagle Night Roosts Page 2 Should a bald eagle night roost or roosts be observed during the survey, Aggregate Industries would develop acceptable mitigation measures in concert with the Colorado Division of Wildlife and the U.S. Fish and Wildlife Service to avoid or minimize impacts to night roosting bald eagles. These measures could include temporal restrictions during the period between November 15 and March 15 on mining within a 0.25 mile radius bald eagle night roost buffer to be established, reclamation measures, or other measures. As this remains the single unresolved wildlife issue that the Division of Wildlife has, we would propose to undertake the above survey to determine the presence or absence of bald eagle night roosts on the project site. If a bald eagle night roost or roosts are present, Aggregate Industries would develop adequate measures to ensure protection of the night roosting bald eagles. If this proposed solution is acceptable, we would like to obtain concurrence from you and the Division of Wildlife prior to the next scheduled meeting with the Weld County Planning staff on November 5, 2001. This could be done through correspondence from your office or by acknowledging the above proposal below. If you have additional questions about the proposal or modifications need to be made to survey protocol, please call Danna Ortiz at Rocky Mountain Consultants or me at the above number. Sincerely, Michael S. Savage Vice President c: Danna Ortiz, Rocky Mountain Consultants Norm Roche, Aggregate Industries Jerry Craig, Colorado Division of Wildlife The above proposal to survey for the presence of bald eagle night roosts at the Milliken Project site and develop any necessary mitigation measures to protect bald eagle night roosts is acceptable as presented. Signed by: Date Title Savage and Savage practical solutions for environmental problems 464 West Sumac Court 303 666-7372 telephone Louisville,Colorado 80027-2227 303 665-6808 facsimile November 1, 2001 Mr. Peter Plage U.S. Fish and Wildlife Service 755 Parfet, Suite 361 Lakewood, Colorado 80215 Re: Aggregate Industries Milliken Project, Preble's Meadow Jumping Mouse Mitigation Dear Peter: Aggregate Industries has submitted a request for a Special Use permit for the Milliken project to Weld County. As the mouse was found within the project area, mitigation measures will need to be developed and approved by the service to ensure the continued existence of the mouse and it's critical habitat under the Endangered Species Act. We are working with Aggregate Industries and Rocky Mountain Consultants to develop and submit a Preble's Meadow Jumping Mouse Mitigation Plan in concert with an anticipated required U.S. Army Corps of Engineers permit application. We expect that the application and mitigation plan will be submitted in December 2001, with the Section 7 consultation and mitigation plan review occurring over the winter. To acknowledge that the mitigation plan will need to be approved and implemented prior to disturbance to any mouse habitat, and that the Section 7 process will continue independent of any other permitting actions, the Weld County Planning staff have asked Rocky Mountain Consultants to obtain such an acknowledgement from the Service prior to recommending approval for a Special Use permit for the project. To facilitate obtaining the Special Use permit and to allow development of the mouse mitigation plan to proceed we request your assistance in acknowledging that the mouse was found in the project area, the proponent is aware of that fact, that a meeting to discuss mouse mitigation and other wildlife concerns was held on-site and attended by us, the proponents consultant, Colorado Division of Wildlife staff biologists, and yourself, a mouse mitigation plan will need to be prepared and accepted prior to disturbance of any mouse habitat, and that process is a federal action that is independent of any other permitting actions. EXHIBIT 3 _. Peter Plage Milliken Project: Preble's Mitigation Page 2 The above being correct, we would like to obtain concurrence from the Service prior to the next scheduled with the Weld County Planning staff on November 5, 2001. This could be done through correspondence from your office or by acknowledging the above statement below. If you have additional questions please call Danna Ortiz at Rocky Mountain Consultants or me at the above number. Sincerely, Aaviserr Michael S. Savage Vice President c: Danna Ortiz, Rocky Mountain Consultants Norm Roche, Aggregate Industries A Preble's Meadow Jumping Mouse (a federally listed threatened species) was found in the Milliken II project area. Aggregate Industries (the proponent) and the U.S. Fish and Wildlife Service are aware of that fact. A meeting to discuss necessary mouse mitigation and other wildlife concerns was held on-site and attended by Savage and Savage, the Rocky Mountain Consultants, Colorado Division of Wildlife staff biologists, and the U.S. Fish and Wildlife Service. A mouse mitigation plan will need to be prepared and accepted prior to disturbance of any mouse habitat. This process is a federal action that is independent of any other state or local permitting actions. Signed by: Date Title 6.4.8 Exhibit H - Wildlife Information Wildlife Assessment Site Description Savage and Savage conducted a wildlife assessment for the Aggregate Industries, Inc., Milliken I site on February 20, 2001. The site investigation consisted of a pedestrian and vehicle inspection of approximately 205 acres located within the W%z and NW'/NEY of Section 8, Township 4 North, Range 66 West of the Sixth Prime Meridian, Weld County, Colorado (see Location Map). The property is bounded by Colorado Highway 60 on the west, a rail line on the north, an elevated levee road on the northeast, and the South Platte River on the southeast. We accessed the property via an existing road that skirts the southeast edge of the property and is used to maintain the oil and gas resources on the site. The weather during our site investigation was cool and cloudy with an easterly wind of approximately 15 mph and temperatures around 40° F. The ground surface was moist with snowmelt from a previous snowstorm. The elevation of the study area is 4700 feet with a gentle (<1°) gradient to the southeast. The South Platte River is a perennial drainage that skirts the southeast edge of the property. The soil on the site is predominantly sand with some gravel. A levee traverses the property from southwest to northeast. Land use west of the levee is cropland and east of the levee is grazing. Existing disturbance is low in the non- agricultural areas of the site and moderate in the agricultural areas. A plains cottonwood (Populus deltoides) woodland dominates the riparian corridor adjacent to the South Platte River. This woodland consists of mature cottonwoods with an open graminoid understory. Dominant understory species consist of Kentucky bluegrass (Poa pratensis), cheatgrass (Bromus tectorum), musk thistle (Carduus nutans), and filaree (Erodium cicutarium). Clumps of coyote willow (Salix exigua) are present, especially on the southeast and northeast areas of the woodland. Significant Wildlife Resources Tables 1, 2, and 3 list wildlife species that potentially occur on-site according to the Colorado Distribution Latilong Studies (CDOW, 1981, 1990, 1998). The latilong studies address mammals, birds, reptiles, and amphibians. During our site investigation we encountered a number of avian species. Canada geese (Branta canadensis) were sighted flying over the area and afloat on the South Platte River. Other identified bird species included; hairy woodpecker (Dendrocopos villosus), robin(Turdus migratorius), mountain chickadee (Parus gambeli), field sparrow (Spizella pusilla), slate-colored junco (Junco hyemalis), and great horned owl (Bubo virginianus). Three red-tailed hawks (Buteo jamaicensis) were soaring over the site and a bald eagle (Haliaeetus leucocephalus) was seen foraging over the South Platte River. The majority of birds were feeding, none were nesting at the time of our investigation. Pocket gopher(Geomys bursarius) mounds were present throughout the riparian corridor. A coyote(Canis latrans) was sighted on the northeast end of the property. A fox squirrel (Sciurus niger) nest was identified in a cottonwood tree. Beaver (Castor canadensis) sign and cuttings were present on the site. Raccoon (Procyon lotor) and deer (Odocoileus sp.)tracks were identified on the project site. Seasonal Use With the exception of bats, the mammals species encountered during the site inspection or that potentially occur on-site are expected to be year-round residents or users of the site. The carnivore and ungulate species are not restricted to this site and tend to have relatively large home ranges (up to several square miles). The majority of rodent and insectivore species can be expected to reside on-site throughout the year, though many may hibernate during the cold months. Avian species may be year-round, temporary migrants, or summer residents of the site. Year-round residents would include the waterfowl, raptor, gallinaceous birds, pigeons, owls, and woodpeckers. The majority of the shorebirds and passerines would use the site during the spring, summer, and fall for feeding or resting during migration. Amphibian and reptile species of the site are year- round residents. Threatened and Endangered Species and Critical Habitat Critical potential habitat for any identified species of special concern was evaluated. In particular, critical potential habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei), Ute ladies'-tresses orchid (Spiranthes diluvialis), western burrowing owl (Athene cunicularia), and bald eagle (Haliaeetus leucocephalus) was evaluated. Western burrowing owls occupy abandoned prairie dog and ground squirrel burrows on open ground. No prairie dog colonies or ground squirrel burrows were observed on the site, therefore no potential critical habitat for the western burrowing owl is present. Potential critical habitat was found for the Preble's meadow jumping mouse within the floodplain of the South Platte River. Potential critical habitat for the Ute ladies'-tresses orchid is present within the South Platte River floodplain and wet meadow wetlands along both sides of the levee. During our site investigation one bald eagle was seen foraging over the South Platte River. No eagle nests were identified on the site. An area along the South Platte River that includes the Milliken I site is a known bald eagle roost site (CDOW, 2000). For this reason, the bald eagle has been of concern to the Colorado Division of Wildlife (CDOW) within the project area. CDOW has requested that approximately twenty-one cottonwood trees in the southwest corner of the site be retained, and that area be excluded from the mineral extraction plan. Based on our on-site investigation, the cottonwood trees throughout the riparian corridor are mature and some are senescent. It has been our observation that the majority of riparian corridors along the Front Range of Colorado consist primarily of mature cottonwood trees with little or no recruitment. This being the case, there will come a time when the mature cottonwood trees are gone and the overstory structure of the riparian corridor will be lost. Mitigation for removal of the twenty-one cottonwood trees could, in the long term, be of great benefit in maintaining the riparian corridor. Planting cottonwoods of varying ages throughout the riparian corridor as part of the reclamation would provide replacement trees for the mature cottonwoods, and enhance the existing riparian woodland habitat. Project Effects to Wildlife According to the mineral extraction plan for Milliken I a large portion of the riparian corridor that includes the majority of the mature cottonwood trees and understory adjacent to the river will be undisturbed. Noise and air emissions during mining will cause a temporary disturbance to wildlife. Species such as raccoons, coyotes, beaver, deer, and raptors will continue to use the riparian corridor during mining operations and the site itself when operations are not active. Bird species will use the periphery of the site and the site itself opportunistically, if prey or food species are present. The proposed project will extract material and leave four cells covering the majority of the site. Permanent reclamation of the site will entail grading, respreading topsoil, and seeding and planting perennial species that will support wildlife species. The mining and reclamation will create a more diverse habitat than is currently present. Areas of open water will sustain additional species of reptiles and amphibians as well as shorebirds and waterfowl. The addition of the water will create fringe environments favorable to predatory mammals and raptors, as well as food and water sources for herbivores. With the planting of additional cottonwood trees and shrubs, additional strata and vegetation layers will be added to the site, creating improved cover, foraging, roosting, and nesting areas for wildlife. The CDOW expressed concerns regarding great blue heron habitat along the South Platte River. No great blue herons or heron rookeries were identified along the South Platte River riparian corridor. Great blue herons use the same habitat as bald eagles. As discussed above, replacement and planting of additional plains cottonwood trees within the riparian corridor would enhance heron habitat. Additionally, development of ponds in the post-mining topography will provide additional heron and wading bird habitat. Literature Cited Colorado Division of Wildlife. 1981 Ed. Colorado Reptile and Amphibian Distribution Latilong Study. Colorado Division of Wildlife and The Denver Museum of Natural History. 1990 Ed. Colorado Mammal Distribution Latilong Study. Colorado Division of Wildlife in cooperation with the Colorado Field Ornithologists. 1998 Ed. Colorado Bird Distribution Latilong Study. Colorado Division of Wildlife. September 26, 2000. Correspondence to Carl Mount, Division of Minerals and Geology, Aggregate Industries, Inc., Milliken Site, File No. M-2000-087. \ ):7 ' ‘) 1, \) \c" Y 'L\k-LiV\ I ' i N_,_, ) „„ , \c„,/ , , .\/),\, 0 , tovir, c5 11 �.,«� f I Ali — — .�. , � O 1j I (`P1� , /N A rit 1 , I J T� S0I ! / ' / -,� l 46.73 C 215_ "- ! • / 1lL9 ' 6 ens K �`_. _ I Sch * ti i i. / Q 7 w 4728 • ° (_-7- Mlniken 1, e , / re ,0 8 %Oil i 2 / A'''. trj n /I0 goisa ii ti Aw J•0 42 { / / i .1 4735 Olt — • 111 // O J / �t' / / � 11 2 L 1 G 1 e]C< SI09 - Pi 1 n 01 1 .7.- \ (----" -'NI. 'i"rai 18 �:/11 17 16 Well AI -,/ /� 2843 nloll / �i �� I ./wad '� ;/ 3e 4740 / TM*/ 0 1/2 f HU 1014° 10W 0 1000 me 1000 4GI10 FWr PUT Punted IkonTOPOI 01996 Wildik.werPlead:ow Own toper.** Table 1. Mammal Species Potentially Inhabiting the Milliken Site Classification/Common Name Scientific Name Preferred Habitat Marsupials Virginia Opossum Didelphis virginiana RpL,Ag,Cr Carnivores Coyote Canis latrans All types Swift Fox Vulpes velox SgP, Ag Red Fox Vulpes vulpes Ag Raccoon Procyon lotor RpL,Ag Long-tailed Weasel Mustela nigripes All types except Ri Mink Mustela vison RpL Badger Taxidea taxes SgP Striped Skunk Mephitis mephitis All types except Ri Ungulates Mule Deer Odocoileus hemionus RpL, Ag White-tailed Deer Odocoileus virginianus RpL,Cr,Ag Antelope Antilocapra americana SgP Lagomorphs Desert Cottontail Sylvilagus audubonii SgP, RpL Eastern Cottontail Sylvilagusfloridanus RpL Black-tailed Jack Rabbit Lepus californicus SgP White-tailed Jackrabbit Lepus townsendii SgP Rodents Wyoming Ground Squirrel Spermophilus elegans Ag Spotted Ground Squirrel Spermophilus spilosoma SgP Thirteen-lined Ground Squirrel Spermophilus tridecemlineatus SgP Black-tailed Prairie Dog Cynomys ludovicianus SgP, Ag Fox Squirrel Sciurus niger RpL Northern Pocket Gopher Thomomys talpoides SgP, Ag Plains Pocket Gopher Geomys bursarius Ag Olive-backed Pocket Mouse Perognathusfasciatus SgP Plains Pocket Mouse Perognathusflavescens SgP Silky Pocket Mouse Perognathusflavus SgP Hispid Pocket Mouse Chaetodipus hispidus SgP, RpL Ord's Kangaroo Rat Dipodomys ordii SgP, RpL Beaver Castor canadensis Ri, RpL Western Harvest Mouse Reithrodontomys megalotis SgP, RpL,Ag Plains Harvest Mouse Reithrodontomys montanus SgP Deer Mouse Peromyscus maniculatus All types Northern Grasshopper Mouse Onychomys leucogaster SgP, Cr Prairie Vole Microtus ochrogaster SgP, RpL,Ag Meadow Vole Microtus pennsylvanicus RpL Muskrat Ondatra zibethicus Ri Classification/Common Name Scientific Name Preferred Habitat Rodents Norway Rat Rattus norvegicus RpL,Cr House Mouse Mus musculus RpL,Cr Porcupine Erethizon dorsatum SgP,Ag,RpL Insectivores Least Shrew Cryptotis parva RpL,roadsides Bats Western Small-footed Myotis Myotis ciliolabrum SgP Red Bat Lasiurus borealis RpL Hoary Bat Lasurius cinereus RpL Silver-haired Bat Lasionycteris noctivagans RpL Big Brown Bat Eptesicus fuscus RpL Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground Ri Open Water-Streams and Rivers Ag Agriculture Cr Croplands Table 2. Breeding Bird Species Potentially Inhabiting the Milliken Site Classification/Common Name Scientific Name Preferred Habitat Pelicans and Allies Double-crested Cormorant Phalacrocorax auritus Ri,RpL Herons Great Blue Heron Ardea herodias RpL Great Egret Casmerodius albus RpL Snowy Egret Egretta thula RpL Cattle Egret Bubulcus ibis RpL Black-crowned Night-Heron Nycticoras nycticorax RpL Waterfowl Canada Goose Branta canadensis RpL Wood Duck Aix sponsa Ri, RpL Mallard Anas platyrhynchos Cr Cinnamon Teal Anas cyanoptera W/OG Hooded Merganser Lophodytes cucullatus RpL Common Merganser Mergus merganser RpL Vultures and Raptors Turkey Vulture Catharses aura RpL Osprey Pandion haliaetus Ri Bald Eagle Haliaeetus leucocephalus Ri Northern Harrier Circus cyaneus Cr Cooper's Hawk Accipiter cooperii RpL Swainson's Hawk Buteo swainsoni Ag,RpL Red-tailed Hawk Buteojamaicensis Ag Ferruginous Hawk Buteo regalis Ag Golden Eagle Aquila chrysaetos Ag American Kestrel Falco sparverius Ag,RpL Gallinaeous Birds Ring-necked Pheasent Phasianus colchinus Ag, RpL,Cr Wild Turkey Meleagris gallopavo Ag Northern Bobwhite Colinus virginianus Ag, RpL Shorebirds Killdeer Charadrius vociferous Cr, Ag Mountain Plover Charadrius montanus SgP Upland Sandpiper Barnamia longicauda SgP Long-billed Curlew Numenius americanus SgP, Cr Shorebirds Common Snipe Gallinago gallinago W/OG Wilson's Phalarope Phalaropus tricolor W/OG, Cr Pigeons and Doves Rock Dove Columba Livia Ag Mourning Dove Zenaida macroura Ag,Cr, RpL Cuckoos Yellow-billed Cuckoo Coccyzus americanus RpL Classification/Common Name Scientific Name Preferred Habitat Owls Common Barn-Owl Tyto alba Ag,RpL Eastern Screech-Owl Otus asio RpL,Ag Great Horned Owl Bubo virginianus Ag Burrowing Owl Athene cunicularia rodent burrows Long-eared Owl Asio otus RpL Short-eared Owl Asio flammeus Ag Hummingbirds Black-chinned Hummingbird Archilochus alexandri RpL Kingfishers Belted Kingfisher Ceryle alcyon RpL,Ri Woodpeckers Lewis' Woodpecker Melanerpes lewis RpL,Ag Red-headed Woodpecker Melanerpes erythrocephalus Ag, RpL Passerines Western Wood-Pewee Contopus sordidulus RpL Say's Phoebe Sayornis saya Ag Cassin's Kingbird Tyrannus vociferans Ag, RpL Western Kingbird Tyrannus verticalis Ag, RpL Eastern Kingbird Tyrannus tyrannus Ag,RpL Tree Swallow Tachycineta bicolor RpL Northern Rough-winged Swallow Stelgidopteryx serripennis Ag Bank Swallow Riparia riparia Ag Cliff Swallow Hirundo pyrrhonota Ag Barn Swallow Hirundo rustica Ag Blue Jay Cyanocitta cristate RpL,Ag Black-billed Magpie Pica pica Ag American Crow Coitus brachyrynchos Ag,RpL Chihuahuan Raven Corvus cryptoleucus SgP Black-capped Chickadee Pants altricapillus RpL,Ag Eastern Bluebird Sialia sialis RpL American Robin Turdus migratorius Ag Gray Catbird Dumetella carolinensis RpL Northern Mockingbird Mimus polyglottos Ag,RpL Brown Thrasher Toxostoma rufum RpL,Ag Cedar Waxwing Bombycilla cedorum Ag Loggerhead Shrike Lanius ludovicianus RpL, SgP European Starling Sturnus vulgaris Ag, RpL Red-eyed Vireo Vireo olivaceus RpL Yellow Warbler Dendroica petechia RpL,Ag Blue Grosbeak Guiraca caerulea RpL Lazuli Bunting Passerina amoena RpL Indigo Bunting Passerina cyanea RpL Cassin's Sparrow Aimophila cassinii SgP Lark Sparrow Chondestes grammacus RpL McCrown's Longspur Calcarius mccownii SgP Chestnut-collared Longspur Calcarius ornatus SgP Bobolink Dolichonyx oryzivorus Cr, hayfields Red-Winged Blackbird Agelaius phoeniceus Ag Classification/Common Name Scientific Name Preferred Habitat Passerines Western Meadowlark Sturnella neglecta Cr Brewer's Blackbird Euphagus cyanocephalus Ag Common Grackle Quiscalus quiscula Ag Brown-headed Cowbird Molothrus ater Ag Orchard Oriole Icterus spurius RpL,Ag Northern Oriole Icterus galbula RpL,Ag American Goldfinch Carduelis tristis Ag House Sparrow Passer domesticus Ag Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground Ri Open Water-Streams and Rivers Ag Agriculture Cr Croplands Table 3. Reptile and Amphibian Species Potentially Inhabiting the Milliken Site Classification/Common Name Scientific Name Preferred Habitat Amphibians Salamanders Tiger Salamander Ambystoma tigrinum all types Toads and Frogs Great Plains Toad Bufo Cognatus SgP,RpL,Ag Woodhouse's Toad Bufo woodhousei woodhousei SgP, RpL,Ag Blanchard's Cricket Frog Acris crepitans blanchardi RpL Boreal Chorus Frog Pseudacris triseriata maculata RpL,Ag Bull Frog Rana catesbiana RpL Northern Leopard Frog Rana pipiens RpL Plains Spadefoot Scaphiopus bombifrons SgP Turtles Common Snapping Turtle Chelydra serpentina serpentina RpL, OW-St/Ri Western Painted Turtle Chrysemys pitta belli RpL,OW-St/Ri Ornate Box Turtle Terrapene ornata ornata SgP, RpL Western Spiny Softshell Trionys spiniferus hartwegi RpL,OW-St/Ri Reptiles Lizards Northern Earless Lizard Holbrookia maculata maculata SgP,Ag Short-homed Lizard Phrynosoma douglassi SgP Red-lipped Prairie Lizard Sceloporus undulatus erythrocheilus SgP,RpL Northern Prairie Lizard Sceloporus undulatus garmani SgP Prairie-lined Racerunner Cnemidophorus sexlineatus viridis SgP, RpL Skinks Northern Many-lined Skink Eumeces multivirgatus multivirgatus SgP, Ag Snakes Eastern Yellowbelly Racer Coluber constrictor flaviventris SgP, RpL,Ag Plains Hognose Snake Heterodon nasicus nasicus SgP, RpL, Ag Milk Snake Lampropeltis triangulum SgP, RpL,Ag Northern Water Snake Nerodia sipedon sipedon RpL, OW-St/Ri Bullsnake Pituophis melanoleucus sayi SgP, RpL, Ag Wandering Garter Snake Thamnophis elegans vagrans RpL Western Plains Garter Snake Thamnophis radix haydeni RpL, SgP Red-sidded Garter Snake Thamnophis sirtalis parietalis RpL Prairie Rattlesnake Crotalus viridis viridis SgP Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground OW-St/Ri Open Water-Streams and Rivers Ag Agriculture Cr Croplands 6.4.8 Exhibit H - Wildlife Information Wildlife Assessment Site Description Savage and Savage conducted a wildlife assessment for the Aggregate Industries, Inc., Milliken II site on February 26, 2001. The Milliken II site is approximately 283 acres located east of Two Rivers Parkway and along both sides of Weld County Road 396. The South Platte River forms the property boundary along the majority of the south and east sides. The Big Thompson River traverses the northwest corner of the site (see Location Map). The legal description of the site includes the SW Y of Section 4, SE'/ SE% of Section 5, and the NE% NE% of Section 9, all in Township 4 North, Range 66 West, 6th Prime Meridian, in Weld County, Colorado. The property was accessed from Two Rivers Parkway and Weld County Road 396. Approximately 400' of the Big Thompson River crosses the northwest corner of the site and was accessed from Two Rivers Parkway. Weather during our site investigation was cold and overcast with 10-15 mph easterly winds and temperatures around 40° F. The ground was free of snow cover. The elevation of the study area averages 4690 feet and slopes less than 1° southeast. The South Platte River is a perennial drainage that skirts the majority of the south and east edges of the property. The Big Thompson River is a perennial drainage that traverses the northwest corner of the site. Soils throughout the site are predominantly sandy. A levee complex traverses the property from southwest to northeast. Land use west of the levee is cropland and east of the levee is grazing. Existing disturbance is low in the non-agricultural areas of the site and moderate in the agricultural areas. A plains cottonwood (Populus deltoides) woodland dominates the riparian corridor adjacent to the South Platte River. This woodland consists of mature cottonwoods with an open graminoid understory. Dominant understory graminoid species consist of smooth brome (Bromus inermis), Kentucky bluegrass (Poa pratensis), and inland saltgrass (Distichlis spicata). Some herbaceous species dominate the understory and include thistles (Cirsium sp.), cow parsnip (Heracleum sphondylium), lambsquarters (Chenopodium album), and wild licorice (Glycyrrhiza lepidota). Clumps of coyote willow (Salix exigua) are scattered throughout the riparian corridor. A plains cottonwood (Populus deltoides) woodland dominates the riparian corridor adjacent to the Big Thompson River. There is no understory within this area due to heavy grazing. Significant Wildlife Resources Tables 1, 2, and 3 list wildlife species that potentially occur on-site according to the Colorado Distribution Latilong Studies (CDOW, 1981, 1990, 1998). The latilong studies address mammals, birds, reptiles, and amphibians. During our site investigation we encountered a number of avian species within the South Platte riparian corridor. A number of Canada geese (Branta canadensis) were sighted flying over the area. A flock of more than twenty-five red-winged blackbirds (Agelaius phoeniceus) were flying and roosting within the riparian woodland. Other identified bird species included blue jay (Cyanocitta cristata), woodpecker (Picoides sp.), red-shafted flicker (Colaptes auratus), mourning dove (Zenaida macroura), field sparrow (Spizella pusilla), mountain chickadee (Parus gambeli), and western meadowlark (Sturnella neglecta). Some mallards (Anas platyrhynchos) and American mergansers (Mergus merganser) were seen loafing and preening on a South Platte River sandbar. A great horned owl (Bubo virginianus) and an American kestrel (Falco sparverius) were flying between the trees in the riparian woodland. A number of red-tailed hawks (Buteo jamaicensis) and a bald eagle (Haliaeetus leucocephalus) were observed soaring over the site. Two of the red-tailed hawks appeared to be a pair. The majority of birds were feeding, none were nesting at the time of our investigation. No avian species were identified along the Big Thompson River riparian corridor. Raccoon (Procyon lotor) tracks and Pocket gopher (Geomys bursarius) mounds were present throughout the South Platte River riparian corridor. A coyote (Canis latrans) was sighted chasing three white-tailed deer (Odocoileus virginianus). An active coyote den was identified along the levee. Fox squirrel (Sciurus niger) nests were identified in a number of cottonwood trees. No animals or animal sign was identified along the Big Thompson River riparian corridor. Seasonal Use With the exception of bats, the mammals species encountered during the site inspection or that potentially occur on-site are expected to be year-round residents or users of the site. The carnivore and ungulate species are not restricted to this site and tend to have relatively large home ranges (up to several square miles). The majority of rodent and insectivore species can be expected to reside on-site throughout the year, though many may hibernate during the cold months. Avian species may be year-round, temporary migrants, or summer residents of the site. Year-round residents would include the waterfowl, raptor, gallinaceous birds, pigeons, owls, and woodpeckers. The majority of the shorebirds and passerines would use the site during the spring, summer, and fall for feeding or resting during migration. Amphibian and reptile species of the site are year- round residents. Threatened and Endangered Species and Critical Habitat Critical potential habitat for any identified species of special concern was evaluated. In particular, critical potential habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei), Ute ladies'-tresses orchid (Spiranthes diluvialis), western burrowing owl (Athene cunicularia), and bald eagle (Haliaeetus leucocephalus) was evaluated. Western burrowing owls occupy abandoned prairie dog and ground squirrel burrows on open ground. No prairie dog colonies or ground squirrel burrows were observed on the site, therefore no potential critical habitat for the western burrowing owl is present. Potential critical habitat was found for the Preble's meadow jumping mouse within the floodplain of the South Platte River. Potential critical habitat for the Ute ladies'-tresses orchid is present within the South Platte River floodplain and wet meadow wetlands along both sides of the levee as well as in wet meadow wetlands located away from the levee. Due to the degraded state of the riparian corridor along the Big Thompson River no potential critical habitat is present for any species of special concern. During our site investigation one bald eagle was seen soaring over the South Platte River. No eagle nests were identified on the site. An area along the South Platte River that is adjacent to the Milliken I site is a known bald eagle roost site (CDOW, 2000). For this reason, the bald eagle has been of concern to the Colorado Division of Wildlife (CDOW) within the project area. Based on our on-site investigation, the cottonwood trees throughout the riparian corridor are mature and some are senescent. It has been our observation that the majority of riparian corridors along the Front Range of Colorado consist primarily of mature cottonwood trees with little or no recruitment. This being the case, there will come a time when the mature cottonwood trees are gone and the overstory structure of the riparian corridor will be lost. Mitigation within the permit area and cottonwood woodland could, in the long term, be of great benefit in maintaining the riparian corridor. Planting cottonwoods of varying ages throughout the riparian corridor as part of the reclamation would provide replacement trees for the mature cottonwoods, and enhance the existing riparian woodland habitat. Project Effects to Wildlife According to the proposed mineral extraction plan for Milliken II a large portion of the riparian corridor that includes the majority of the mature cottonwood trees and understory adjacent to the river will be undisturbed. Noise and air emissions during mining will cause a temporary disturbance to wildlife. Species such as raccoons, coyotes, beaver, deer, and raptors will continue to use the riparian corridor during mining operations and the site itself when operations are not active. Bird species will use the periphery of the site and the site itself opportunistically, if prey or food species are present. The proposed project will extract material and leave cells within the site. Permanent reclamation of the site will entail grading, respreading topsoil, and seeding and planting perennial species that will support wildlife species. The mining and reclamation will create a more diverse habitat than is currently present. Areas of open water will sustain additional species of reptiles and amphibians as well as shorebirds and waterfowl. The addition of the water will create fringe environments favorable to predatory mammals and raptors, as well as food and water sources for herbivores. With the planting of additional cottonwood trees and shrubs, additional strata and vegetation layers will be added to the site, creating improved cover, foraging, roosting, and nesting areas for wildlife. Great blue heron rookeries were of concern to the CDOW for the adjacent Milliken I site. No great blue herons or heron rookeries were identified along the South Platte River riparian corridor. Great blue herons use the same habitat as bald eagles. As discussed above, replacement and planting of additional plains cottonwood trees within the riparian corridor would enhance heron habitat. Additionally, development of ponds in the post- mining topography will provide additional heron and wading bird habitat. Literature Cited Colorado Division of Wildlife. 1981 Ed. Colorado Reptile and Amphibian Distribution Latilong Study. Colorado Division of Wildlife and The Denver Museum of Natural History. 1990 Ed. Colorado Mammal Distribution Latilong Study. Colorado Division of Wildlife in cooperation with the Colorado Field Ornithologists. 1998 Ed. Colorado Bird Distribution Latilong Study. Colorado Division of Wildlife. September 26, 2000. Correspondence to Carl Mount, Division of Minerals and Geology, Aggregate Industries, Inc., Milliken Site, File No. M-2000-087. 7 _ s �sUY 74 \:\:`1 \ .• o0 a 464 \\)\,./1) 1) y=• • �� cj P---' C ( ig � �f , C' E.)! 9 .�-`-, I V 1 j v D (� h / MNllkepil Slte ✓ _— 1 < - 3693 •. . 4709 ICS ''o x715• \\``� O If 4 f ,.��. \ - . . `/ re 1 1 C / - �/ h 9\ON 9 4723_-- - _ �. _ �j to JI C A Lai i ° /e/' _�_�__. e 1 n / 7 i 7?. ; , ,i p --7. ..1 - --- N35 qtr-- -- • �N3O� P STCG -- =I s ko \�\ \� 1 \ ?� 17 16 Well 47V -- /;) i i 2)/y . ( _ ____ -, / L TN o in 1m -ii lam, iono 0 IOW 2000 3000 1000 fFET Plimd flora TOPOI O1999 WildOow.rPmdxtiom,(www.topocom) Table 1. Mammal Species Potentially Inhabiting the Milliken Site Classification/Common Name Scientific Name Preferred Habitat Marsupials Virginia Opossum Didelphis virginiana RpL,Ag,Cr Carnivores Coyote Canis latrans All types Swift Fox Vulpes velox SgP, Ag Red Fox Vulpes vulpes Ag Raccoon Procyon lotor RpL,Ag Long-tailed Weasel Mustela nigripes All types except Ri Mink Mustela vison RpL Badger Taxidea tans SgP Striped Skunk Mephitis mephitis All types except Ri Ungulates Mule Deer Odocoileus hemionus RpL, Ag White-tailed Deer Odocoileus virginianus RpL,Cr,Ag Antelope Antilocapra americana SgP Lagomorphs Desert Cottontail Sylvilagus audubonii SgP,RpL Eastern Cottontail Sylvilagus floridanus RpL Black-tailed Jack Rabbit Lepus californicus SgP White-tailed Jackrabbit Lepus townsendii SgP Rodents Wyoming Ground Squirrel Spermophilus elegans Ag Spotted Ground Squirrel Spermophilus spilosoma SgP Thirteen-lined Ground Squirrel Spermophilus tridecemlineatus SgP Black-tailed Prairie Dog Cynomys ludovicianus SgP,Ag Fox Squirrel Sciurus niger RpL Northern Pocket Gopher Thomomys talpoides SgP,Ag Plains Pocket Gopher Geomys bursarius Ag Olive-backed Pocket Mouse Perognathusfasciatus SgP Plains Pocket Mouse Perognathusflavescens SgP Silky Pocket Mouse Perognathus flavus SgP Hispid Pocket Mouse Chaetodipus hispidus SgP, RpL Ord's Kangaroo Rat Dipodomys ordii SgP, RpL Beaver Castor canadensis Ri,RpL Western Harvest Mouse Reithrodontomys megalotis SgP,RpL, Ag Plains Harvest Mouse Reithrodontomys montanus SgP Deer Mouse Peromyscus maniculatus All types Northern Grasshopper Mouse Onychomys leucogaster SgP,Cr Prairie Vole Microtus ochrogaster SgP,RpL,Ag Meadow Vole Microtus pennsylvanicus RpL Muskrat Ondatra zibethicus Ri Classification/Common Name Scientific Name Preferred Habitat Rodents Norway Rat Rattus norvegicus RpL,Cr House Mouse Mus musculus RpL,Cr Porcupine Erethizon dorsatum SgP,Ag,RpL Insectivores Least Shrew Cryptotis parva RpL,roadsides Bats Western Small-footed Myotis Myotis ciliolabrum SgP Red Bat Lasiurus borealis RpL Hoary Bat Lasurius cinereus RpL Silver-haired Bat Lasionycteris noctivagans RpL Big Brown Bat Eptesicus fuscus RpL Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground Ri Open Water-Streams and Rivers Ag Agriculture Cr Croplands r Table 2. Breeding Bird Species Potentially Inhabiting the Milliken Site Classification/Common Name Scientific Name Preferred Habitat Pelicans and Allies Double-crested Cormorant Phalacrocorax auritus Ri,RpL Herons Great Blue Heron Ardea herodias RpL Great Egret Casmerodius albus RpL Snowy Egret Egretta thula 11$ Cattle Egret Bubulcus ibis RpL Black-crowned Night-Heron Nycticoras nycticorax RpL Waterfowl Canada Goose Branta canadensis RpL Wood Duck Aix sponsa Ri, RpL Mallard Anas platyrhynchos Cr Cinnamon Teal Anas cyanoptera W/OG Hooded Merganser Lophodytes cueullatus RpL Common Merganser Mergus merganser RpL Vultures and Raptors Turkey Vulture Catharses aura RpL Osprey Pandion haliaetus Ri Bald Eagle Haliaeetus leucocephalus Ri Northern Harrier Circus cyaneus Cr Cooper's Hawk Accipiter cooperii RpL Swainson's Hawk Buteo swainsoni Ag,RpL Red-tailed Hawk Buteo jamaicensis Ag Ferruginous Hawk Buteo regalis Ag Golden Eagle Aquila chrysaetos Ag American Kestrel Falco sparverius Ag, RpL Gauinaeous Birds Ring-necked Pheasant Phasianus colchinus Ag, RpL,Cr Wild Turkey Meleagris gallopavo Ag Northern Bobwhite Colinas virginianus Ag, RpL Shorebirds Killdeer Charadrius vociferous Cr, Ag Mountain Plover Charadrius montanus SgP Upland Sandpiper Bartramia longicauda SgP Long-billed Curlew Numenius americanus SgP,Cr Shorebirds Common Snipe Gallinago gallinago W/OG Wilson's Phalarope Phalaropus tricolor W/OG, Cr Pigeons and Doves Rock Dove Columba livia Ag Mourning Dove Zenaida macroura Ag, Cr, RpL Cuckoos Yellow-billed Cuckoo Coccyzus americanus RpL Classification/Common Name Scientific Name Preferred Habitat Owls Common Barn-Owl Tyto alba Ag,RpL Eastern Screech-Owl Ones asio RpL,Ag Great Horned Owl Bubo virginianus Ag Burrowing Owl Athene cunicularia rodent burrows Long-eared Owl Asio otus RpL Short-eared Owl Asio flammeus Ag Hummingbirds Black-chinned Hummingbird Archilochus alexandri RpL Kingfishers Belted Kingfisher Ceryle alcyon RpL,Ri Woodpeckers Lewis' Woodpecker Melanerpes lewis RpL,Ag Red-headed Woodpecker Melanerpes erythrocephalus Ag, RpL Passerines Western Wood-Pewee Contopus sordidulus RpL Say's Phoebe Sayornis soya Ag Cassin's Kingbird Tyrannus vociferans Ag,RpL Western Kingbird Tyrannies verticalis Ag, RpL Eastern Kingbird Tyrannus tyrannies Ag, RpL Tree Swallow Tachycineta bicolor RpL Northern Rough-winged Swallow Stelgidopteryx serripennis Ag Bank Swallow Riparia riparia Ag Cliff Swallow Hirundo pyrrhonota Ag Barn Swallow Hirundo rustica Ag r Blue Jay Cyanocitta cristate RpL,Ag Black-billed Magpie Pica pica Ag American Crow Corvus brachyrynchos Ag,RpL Chihuahuan Raven Corvus cryptoleucus SgP Black-capped Chickadee Panes altricapillus RpL, Ag Eastern Bluebird Sialia sialis RpL American Robin Turdus migratorius Ag Gray Catbird Dumetella carolinensis RpL Northern Mockingbird Mimus polyglottos Ag, RpL Brown Thrasher Toxostoma rufum RpL, Ag Cedar Waxwing Bombycilla cedorum Ag Loggerhead Shrike Lanius ludovicianus RpL, SgP European Starling Sturnus vulgaris Ag, RpL Red-eyed Vireo Vireo olivaceus RpL Yellow Warbler Dendroica petechia RpL,Ag Blue Grosbeak Guiraca caerulea RpL Lazuli Bunting Passerina amoena RpL Indigo Bunting Passerina cyanea RpL Cassin's Sparrow Aimophila cassinii SgP Lark Sparrow Chondestes grammacus RpL McCrown's Longspur Calcarius mccownii SgP Chestnut-collared Longspur Calcarius ornatus SgP Bobolink Dolichonyx oryzivorus Cr,hayfields Red-Winged Blackbird Agelaius phoeniceus Ag Classification/Common Name Scientific Name Preferred Habitat Passerines Western Meadowlark Sturnella neglecta Cr Brewer's Blackbird Euphagus cyanocephalus Ag Common Grackle Quiscalus quiscula Ag Brown-headed Cowbird Molothrus ater Ag Orchard Oriole Icterus spurius RpL,Ag Northern Oriole Icterus galbula RpL,Ag American Goldfinch Carduelis tristis Ag House Sparrow Passer domesticus Ag Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground Ri Open Water-Streams and Rivers Ag Agriculture Cr Croplands Table 3. Reptile and Amphibian Species Potentially Inhabiting the Milliken Site Classification/Common Name Scientific Name Preferred Habitat Amphibians Salamanders Tiger Salamander Ambystoma tigrinum all types Toads and Frogs Great Plains Toad Bufo Cognatus SgP,RpL,Ag Woodhouse's Toad Bufo woodhousei woodhousei SgP,RpL,Ag Blanchard's Cricket Frog Acris crepitans blanchardi RpL Boreal Chorus Frog Pseudacris triseriata maculata RpL, Ag Bull Frog Rana catesbiana RpL Northern Leopard Frog Rana pipiens RpL Plains Spadefoot Scaphiopus bourbons SgP Turtles Common Snapping Turtle Chelydra serpentina serpentina RpL,OW-St/Ri Western Painted Turtle Chrysemys picta belli RpL, OW-St/Ri Ornate Box Turtle Terrapene ornata ornata SgP, RpL Western Spiny Sotishell Triorrys spiniferus hartwegi RpL,OW-St/Ri Reptiles Lizards Northern Earless Lizard Holbrookia maculata maculata SgP,Ag Short-horned Lizard Phrynosoma douglassi SgP Red-lipped Prairie Lizard Sceloporus undulatus etythrocheilus SgP, RpL Northern Prairie Lizard Sceloporus undulatus garmani SgP Prairie-lined Racerunner Cnemidophorus sexlineatus viridis SgP, RpL Skinks Northern Many-lined Skink Eumeces multivirgatus multivirgatus SgP, Ag Snakes Eastern Yellowbelly Racer Coluber constrictor flaviventris SgP, RpL,Ag Plains Hognose Snake Heterodon nasicus nasicus SgP,RpL,Ag Milk Snake Lampropeltis triangulum SgP,RpL,Ag Northern Water Snake Nerodia sipedon sipedon RpL,OW-St/Ri Bullsnake Pituophis melanoleucus sayi SgP, RpL,Ag Wandering Garter Snake Thamnophis elegans vagrans RpL Western Plains Garter Snake Thamnophis radix haydeni RpL, SgP Red-sidded Garter Snake Thamnophis sirtalis parietalis RpL Prairie Rattlesnake Crotalus viridis viridis SgP Habitat Types SgP Shortgrass-Prairie RpL Riparian Lowland W/OG Wet open ground OW-St/Ri Open Water-Streams and Rivers Ag Agriculture Cr Croplands NOV-12 01 10:56 FROM:CDOW 303-498-9742 TO:970 304 6498 PAGE:02 t0-31-2001 e5:42PM FROM IT ; .; ^"+`"w!3arei34724429 P.02 Savage and-Satige practical vehrilanafor stviroitsitted potehrnf 464 west Sumac cast - 303 600-73n tdcsiamn Lamina Cdado SO0374227 . 303665-6908 asmmile • October 31,2001 Mr. Mike Sherman, Wildlife Biologist Colorado Division of Wildlife Fort Collins Area Office 317 W.Prospect Road Fort Collins, Colorado 80526 Re: Aggregate Industries Milliken Project,Bald.'tngle Night Rost Concerns year Mike: From our discussions with Diana Ortiz of Rocky Mountain Coneultaata, we understand that agreement bas been reached on all of the Colorado Division-of Wildlife's concerns at the Milliken project nave one. There remains a concern ova'the Silence and proximity of a bald eagle night root adjacent to the Milliken TI as along the South Platte River. During eleven site inspections and visits over the count of the first six months of this year, we observed one bald eagle soaring over the gall area. Heivpver,.based on your suggestion, and his assistance in prior projects with raptor issues, we,consulted with heir. Jerry Craig, the raptor specialist lZtr theJAviaion oL.VYlldilib. Jerry was families with the general area of the Milliken psojcot and the habits of bald eagles in the area. We discussed the specifics of the mining and sselatnation plan for the Milliken project and the Sating topography, hydrology;and vegetation of the site. Jewry also provided a wealth of information on eagle hunting roosts sad night motts. From our discussions, Jerry suggested that an eagle night roost survey i n the Milliken site be undertaken to determine the presence and mu tbar of eft and night moats at the site. This survey would be tuidertaken from ntid.PICtt$nber 2411,11 through January 2002 and entail weekly visits to the Milliken site. The um linAM be conducted from one hour before dusk to one hour after dusk and comprise visud observation of the riparian wuidor along the South Platte River fin bald eagle activity. Observations regarding the presence and number of bald eagles would be recorded, es well of the location of any roods employed'during the time of obaenration. The specific locadeitof any bald eagle most would be identified as long as this deterifihlatitet Ciitlld be undertaken without disturbance to any eagles. From the surveys the presence or abet ►ca of stay bald Ogle moils would be determined for the Milliken project area. It no-Eagle roast*Wise obseved•during the survey, we would conclude that prior eagle rooting obettni funs wet. of 0 hawked nature and would not require me sswes to mitigate fothald eaga alebtlitt at the project site. EXHIBIT I � NOV-12 01 10:56 FROM:CDOW 303-498_9742 TO:970 304 6498 PRGE:03 10-31-2001 US!4GFTl FhftA'1 ."....*•tr'+e ,„_..+.,^r"1,7[Prrewlej Mr. Milk Sherman mitten Project Bald Eagle Night Roosts Page 2 Should a bald eagle night roost or roosts he ahiwvid during the survey;,Aggregate Industries would develop acceptable mitigation resmilemin concert with the Colorado Division of Wildlife dad the DI Flab and Wildliba Service tb.avoid or mblimize impacts to night roosting bald eaglet: 'These tamastei could Deltade.tataporid radiations dining the period between November 15 and March 1 i on nn within a 0,25.latle radius bald eagle night roost butter to be established,reclamation ,Or othermeasu<es. As this remains the single uraeuvlved wildlife here that the Division of Wildlife has, we would propose to undertake the above survey to determine the race or absence of bald eagle night roosts on the project site. Ifs bald muds nightmost or m rs are preset. Aggregate Industries would develop adequate measures to ensure protection of the night roosting bald eagles, If this proposed sohdion is sCaepteble,ire Would.like to obtain commutate tiom you and the Division OF Wildlife,prior to the mad scheduled meeting with the Weld County Planning staff on November 5,2001: TMs could be done through correspondence from your adios or by aelmowledgill des above proposal below. If you have additional questions about the propose'of ntodisoltioes need to be Made to navvy protocol, please call Dania Ordz.at dotty hfountala Coa*tlNRs...T 1flIe et the above number. Sincerely, Michael S. Savage . vice President c Dams Ortiz,Rocky Mountain Consultants Norm Roche,Aggespate lndtties i Jerry Craig,Colorado Division of Wildlife >` The ahnve propowd to survey fir the presence of bald eagle niak>~doe at'the Milliken Project site and develop any neoeniry mitigation traitsurei b''mem bald eagle night roosts is acceptable as presented. Signed by: � ( . .., Date FOR Sco-f4 .Eloovel N IQ ro iqf 4harf' . . - TOTAL P.03 NOU-12 01 10:57 FROM:COON 303-498-9742 T0:970 304 6498 PRGE:04 STATE OF COLORADO R� BIN Owens,Governor .(5031t DEPARTMENT OF NATURAL RESOURCES • DIVISION OF WILDLIFE 3�1i,g AN Must OPPORTUNITY EMPLOYER '4 -►. S? Russell George,Director -*OF V•_ 6060 Broadway For Wildlife- Denver, Colorado 80218 Telephone:(303)297-1192 For People November 13,2001 TO; Danna Ortiz(Rocky Mountain Consultants)&Michael S. Savage(Savage and Savage) RE:Aggregate Industries Milliken Resource, Bald Eagle Night Roost Concerns, DMG Permit No- M-2000-087 This note is in addition to the attached letter written by Michael S. Savage and signed by myself. In a letter to the Weld County Planning Services(attn: Kim Ogle)by Courtney Crawford(District Wildlife Manager,Colorado Division of Wildlife)dated August 28,2001the Division states concern within the proposed mining site about possible negative impacts to a winter roosting site for Bald Eagles.It should be noted that Mr Crawford made a single observation of 7-8 Bald Eagles during the 2000/2001 winter season at the location noted on his submitted map. It should also be mentioned here that the Division's Bald Eagle Winter Roost Watch Program observed"a significant amount of eagle activity"along the stretch of South Platte River between Weld County Roads 42 to 52 during the 1997-1998 winter season. In light of this relatively recent Bald Eagle activity during the winter season in the vicinity of the proposed mining site, the Division highly recommends that surveys at this site be undertaken for two winter seasons including mid- December 2001 through January 2002 and mid-December 2002 through January 2003. Given the dynamics of Bald Eagle winter roost sites along the South Platte River,surveys across multiple winter seasons will give a better perspective on Bald Eagle use of this specific site. Aggregate mining activity within the 100-year floodplains across the South Platte River watershed appears to be increasing rapidly over the past 10-20 years. There is little data available regarding the cumulative impacts of this mining on wetlands, wooded riparian vegetation,and mature cottonwood trees used by Bald Eagles during the winter season. Almost all of this mining activity is taking place on private lands where Bald Eagle winter roost observations have not been conducted historically. Much needed and beneficial data could be provided to the Division if aggregate mining applicants were to conduct such observations when proposed mining sites occurred within suitable winter roost habitat. If you have any questions,please contact me at(970)472-4435. Thank you. Sincerely, Scott Hoover,NE Regional Manager by Mike Sherman, Field Habitat Biologist Cc: Rick Moss,NE Senior Habitat Biologist,CDOW Dave Clarkson,Area Wildlife Manager,CDOW Larry Rogstad,District Wildlife Manager,CDOW Greg Squire,Division of Minerals&Geology Kim Ogle,Weld County Planning Department DEPARTMENT OF NATURAL RESOURCES,Greg E.Watcher,ExacutMa Director WILDLIFE COMMISSION,Rick Entrain,Chair•Robert Shoemaker,Vice-Chair•Marianna Rasopoube,Se..rerary Members.Bernard Black•Tom Burke•Philo James•Brad Phebs •Ohm Valdez NOV-13-2001 TUE 12:00 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 04 mote-1P 01 11:01 FROM:0DOW 303-490-9742 T0:30366569S9 PAGE:04 STATE OP COLORADO am omens,tileralaar OCPARf11EMT OF NATURAL RIISOURt Sttra.s. '1.?? . DIVISION OF WILDLIFE AN EQUAL 0190mnattTY D.toralay RisS George or 8000 Ihrocskom,Dream dlife- DDeaa,Cebrade taste FoForr retphnit(303)297.1102 Oak November 13.2001 TO: Dann*Ott(Rocky Mountain Consultants)&Michael S.Savage(Savage and Savage) RE:Aggregate Industries Milliken Resource,Bald Eagle Night Roost Concerns,DMO Pamir No. M-2000-087 This note is in addition to the attached letter written by Michael S.Savage and signed by myself-In a letter to the Weld County Planning Services Cann:Kim Ogle)by Courtney Crawford(District Wildlife Manager,Colorado Division of Wildlife)dated August 28,2001ehe Division states canteen within the proposed mining site about potable negative impacts to a whiter meeting site far Bald Eagles.It should be noted that Mr.Crawford made a single observation of 7-8 Bald Eagles during the 2000/2001 winter season at the location noted on his submitted map. It should also be mentioned hero that the Division's Bald Eagle Winter Roost Watch Program observed"a significant amount of eagle activity"along the stretch of South Plane River between Weld County Roads 42 to 52 during the 1997-1998 winter season. In light of this relatively recent Bald Eagle activity during the winter season in the vicinity of the proposed mining she,the Division highly recommends that surveys at this site be undertaken for two wimer seasons including mid- December 2001 through January 2002 and mid-December 2002 through January 2003. Given the dynamics of Bald Eagle winter roost sites along the South Platte River,surveys across multiple winter seasons will give a barer perspective on Bald Eagle use of this specific site. Aggregate mining activity within the 100-year tloodplains across the South Platte River watershed appears to he increasing rapidly over the par 10-20 years. There is little data available regarding the cumulative impacts of this mining on wetlands,wooded riparian vegetation,and mature cottonwood trees used by Bald Eagles during the winter season. Almost all of this mining activity is taking place an private lands where Bald Eagle winter roost observations have not ban conducted historically. Much needed and beneficial data could be provided to the Division if aggregate mining applicants were to conduct such observations when proposed mining sites occurred within suitable winter roost habitat. If you have any questions-please contact me at(970)472-4435. Thank you. Sincerely, Scott Hoover,NE Reponal Manager by Mike Shaman,Field Habitat Biologist Cc: Rick Moss,NE Senior Habitat Biologist CDOW Dave Clarkson.Area Wildlife Manager,CDOW Laity Roasted,District W iidlife Manager,CDOW Greg Squire,Division of Minerals&Geology Mtn Ogle.Weld county Planning Depute DEPARTMENT OF NATURAL RESOURCES,Gm E.Walther,Executhe Dream W EDLIFE cOMM19810N.Rick Ensbwn,Char•Rosen Shoamala,We-CMS•Mathew Ramspeuuss,Seaton Mamniere Bernard Bock•Tenn Mate•Mb inns•Bead Phelps •due VatInz NOV-13-2001 TUE 11 :59 AM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 03 Nov-12 01 11:01 FROM:MOW 303-4 •98-9742 TO:?A 16959 PAGE:03 10-31- 1 115:4417 Hari • .- 77777 777F;inrIVpewrsv raw Mr.Mika Sidman flltE_Y1v40et Ham Aaglsl It hoot's • a ' Should a bald sr 1 edit foofis he sat ifi it rilit, a an* Aim Wined world dawn* addptk>h111110WW.it a .ssidtto Colorado Division et Widlife aM Ora&hiih and WWII Io.ry id ofraindo spew to aigbt wolfing bald sea' tnedirtii ratildptgindi• inettk as dttttug the period betwan Novae*15 and hsrib IS.Od'. i f 3,111 a•adtw bald ado night comet buffer to be dibbled. ` r 0101 *alist • As thla manna the single twaatiuhed wlidlilb iiatte.i d*W.Millen of eds%bq vva would p�opoac b umddwhe*reeve limy re aalarpwo�ihi Semite rot abeam of bald agate Subs roods oaths pt4.t Seas. if a bald ors.*lost ormolu a pwse nt. Assn*.Industrial'Auld dMWiklrt iidad ail Iw1aMItr114,atMNi of the ant ranting bald -- if tads prapotad ab1utiaa if likyiirdde.'+Ne*Odd Se to attain coaanraooe atom you ad tb•flvbio.oi'h/0db*ptiar to 0.11 n ss&i ed ateeting oath the Weld C.ourty!fig illece Ntritiblit `Yobs: TEgottid Wilda dnagh orra apaodeno s fins your ma,SW ieriSft' ti thr WWI trePeOlligint If You We additional Ovations Scutt palpoiil bra•'tnodideakiti i•lidd its bindle to rawy tom, pies cag Darra .bt at Iskiiillacialdia ed dltftls.air,iA did OWN Sinaenly, Vies W _Noun Roc*Newts Said • " ' 'hay Col01tad0't�Vtittle(MIND IND d ' • • The ahnvs D rywall'ID eenw SW dm glettroa of Wit tit tali flu Mitten Reject Sr sad develop'any tiboassi tt lldadlioh, sdil i`Ib'yMt11MEbrld aigle night roosts a acceptable as peseta I��/✓WITTerL'Y. •I ¢ d •:• .i;• 1. Y.: I ,iyA , ..1 , . '.'.t Fog Sco- `f'ioovCr :N'r.; 04I 'Ski' ir. .. T . • �. 1.. ; i .. .K�i�• 'I:Y.Ij Si JI' � .f..,. •Cuts.::_r R'•:. . .. . - t, . .l • ' llp,. ,� ' ': TOTAL P.03 NOV-13-2001 TUE 11 :59 AM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 02 NOV-12 01 11:� FROM:CCM 303-492-9742 T0: 959 PACE:02 10^31— 001 85:42FFP1) 9U1 •- •?",_1Y.. ,��. r .S4T 4•L7 1+.17[ L.siflt silts sWi73737 . JAt!K36aa idaaM Uaober 31,1001 • • W.Mac lTheematt,Wiltllla Biolopid . Colorado Division of WAD Fort Collins Ara Office 2 . •317 W.?rowel Reed • • Fort Cal a,Colorado 10526 Re: Agg.ee Inhales Maoism?rojed,,saki l Rbaet Cosigns eats Mike: • r:. From ow disawalene with D .Ores or Roney.M oteltaia Coteau eft,a.rid that ayrwnwnt bee been rewhed es ad erne t beret b lvieide a► tidaFee couoarna at the Nolte project on nee: flan treble a taincn d n tihseiditene and proximity of a bald caste night room ajjibe't to the Maness 11 fire South Ileac River. awing eleven its loges ions and visits over the canine the tint sit months of this year, aw obeand one bald ails soaring onside iiialediret 1,-bleed on your wnggestion,and his amines=in price 1 tall niter here, nmeiIrd with Mr. Jerry Craig,the raptor special for tbdaYintoa 6.04110k, Jerry was Auuiiiar with the mortal area of the Ailliketi pdgjoel aid.the habits of bald eagles in the sea We diansasad thy specifies utdhi plan fa the Milliken project and the existing topogipTy,hytfeolsic ioel* at4M*film ate. Jetty also provided a sum&infivmation on ogle bettintroonslied not roosts. From our diseumiotan, Jerry luseetsd that as eykeight tooar'iittvey err the Milliken site be undertaken to detain,the ItilettelbefOrellifreenfiteilk raters a the site. This many would be : 111iralgb Juamay 2002 and snail weakly Mitts to tits Milliken e .Ooaduaad tots one tour beers dusk to oos hour aft Ask need Spica visual c nn'.lion oft, drains tallier eloag the South Pis*Tiler for bled ante aadviey;.dhnetvsdeea miardin the presence and member et bald angle i ewnild be sebenksi. is wen a the location of any roots sopkyes' tin time of OberoWetigh. tra spenide itgid6gbf say bald ails moot mold be id-tl M is beg Si this •i'a(r ,w 4nl aloes without disturbance to my was From the survey; the pentanes err alas jo4.0Ott Iili1 Wlntlda t tonfii be determined for the Milliken project met tt krdoe Mostk;*Mit amity, ae would conclude than prior eagle robin pj'itb annum M•Wa of Oradea' name and *weld not regukts awn to litigate kr held AS i it tbea''prgjea site ;r - STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY (� Department of Natural Resources lie 1313 Sherman St, Room 215 �v°Of, Denver,Colorado 80203 /��r In/RECLAMATION Ph MINERALS FAX:(3 30)a13 -8106 866-3567 .��i q/ pGEOLOGY November 9, 20(]1 Mr. Kim Ogle C` o�� Bill Owens Weld County Department of Planning Services Governor 1555 North 17th Ave. Greg E.Waleher Greeley, CO 80631 E.ee°°ve Director Michael B.Long Division Director RE: USR 1354-AGGREGATE INDUSTRIES-WCR,INC., MILLIKEN RESOURCE AMENDMENT APPLICATION-PERMTI NO. M-2000-084 AM-01. Dear Mr. Ogle: On September 28, 2000, the Division of Minerals and Geology approved Aggregate Industries 112c Reclamation Permit for their Miliken Resource. The primary purpose of this application was to expand the site to include an additional 287.6 acres. The Mined Land Reclamation Board is scheduled to hear this application at the December 12-13,2001 Board Meeting. Attached is a copy of the Division's August 24, 2001 Notice letter to Weld County informing the County of the i' Amendment Application. Tf von have any questions, please contact me at (3031 866-4062. Sincerely, Gregg R. Sgr6 Environmental Protection Specialist cc: Danna Ortiz, Rocky Mountain Consultants, Inc. w/encl • EXHIBIT M:\oss\AHD\grs\amendment appl m-2000-084 kim ogle I 1-9-01.doc i 3'1 1 1 STATE OF COLORADO '��ISION OF MINERALS AND GEOLOGY ,,artment of Natural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 M I N E RA LS S FAX:(303)832.8106 & GEOLOGY RECLAMATION MINING•SAFETY Bill Owens Notice of 112 Construction Materials Governor • Greg E.Walther Reclamation Permit Amendment Application Consideration Executive Director Michael 8.Long Division Director DATE: August 24, 2001 • TO: Weld County Planning Department 915 10th St Greeley, CO 80632 FROM: Carl B. Mount, Senior Environmental Protection Specialist 81c rer- Cori RE: Aggregate Industries-WCR, Inc., Milliken Resource, Permit No. M-2000-087 Please be advised that on August 23, 2001, Aggregate Industries - WCR, Inc., whose address and telephone number are 3605 S. Teller St., Lakewood, CO 80235; (303) 985-1070, filed an Amendment application to M-2000-087, Milliken Resource, which is located at or near Section 8, Township 4N, Range 66W, 6th Prime Meridian, in Weld County. The application decision is scheduled for November 21, 2001. A copy of the application is available for review at the Weld County Clerk&Recorder's office and at,the office of the Division of Minerals and Geology,Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period,the Office will assume you have no objection or comment to the proposed activity. 11/13/01 16:08 FAX 3531964 WELD COUNTY CLERIC & REC PLANNING DEPT f2002 Ii1111111111111111111111111111111111M hI1111111111111 i of 6 R 330.0000 5.00 WeldJCCountty CO kamoto 20 Special Warranty Deed e5 (LPI -RMMIL) This Deed,made this i(Itilay of May,2000, between Lewis Property Investors LLC,a Colorado limited liability company,grantor("Grantor"), rr`a .� ' �. ._,.•.. and •F �� Ov l :r.1 D i -.. i&3 RML Property Investors LLC,a Colorado limited liability company,whose legafadress is 9145 Fist Kenyon Avenue, Suite 200, Denver,Colorado 80237, of the City and County of Denver, State of Colorado, grantee("Grantee'), Witnesseth,That Grantor,for and in consideration of the sum of Fifty Thousand Dollars (550,000),the receipt and sufficiency of which are hereby acknowledged,has granted, bargained,sold and conveyed, and by these presents does grant, bargain, sell,convey and confirm,unto Grantee, its successors and assigns forever,all the real property,if any, situate, lying and being in the County of Weld,State of Colorado, described as follows: See ExhibitA attached to this Special Warranty Deed and incorporated by this reference also known by street and number as:22434 State Highway 60, Milliken, Colorado 80543. Tax Assessor Schedule Nos: Together with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents, issues and profits thereof,and all the estate,right, tide,interest, claim and demand whatsoever of Grantor,either in law or equity, of,in and to the above bargained premises, with the hereditaments and appurtenances. To Have And To Hold said premises above bargained and described with the appurtenances, unto Grantee,its successors and assigns forever. And Grantor,for itself, successors,assigns and beneficiaries, does covenant, grant, bargain and agree to and with Grantee, its successors and assigns,that at the time of the ensealing and delivery of these presents,they are well seized of the premises above conveyed,have good,sure,perfect, absolute and indefeasible estate of inheritance, in law,in fee simple,and have good right, full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants,bargains, sales,liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters identified on Exhibit B to this Special Warranty Deed. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee,its successors and assigns,against all and every persons lawfully claiming the whole or any part thereof,by,through or under Grantor. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. Fr e, 114011 EXHIBIT 1 ! 11/13/01 16:08 FAX 3531964 WELD COUNTY CLERIC & REC + PLANNING DEPT 2003 11111111111 HIM III 1111110/MM III 2769485 00/19/2000 03:13P JA Sub I:ultimata 2 of 6 R 30.00 D 5.00 Weld County CO In Witness Whereof, Grantor has caused its name to be hereunto subscribed the day and year first above written. Lewis Property Investors LW, a Colorado li ' liabili company By: H ey E. eutsch,Manager STATE OF COLORADO ) )9s. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this_121-lay of May,2000,by Harvey E. Deutsch,as Manager of Lewis Properly Investors LLC, a Colorado limited liability company,on its behalf, Witness my hand and official seal. p`H\`\1 t,typp� lonWas �. June 15,2003 �Q. •• expires: fE:�aO RJ-�L1.�4, (SEAL) I t` k. ' y��..tP : AUB, �00 ci ; Not Public 1 9 '$'of GO- 2 2 11/13/01 16:08 FAX 3531964 WELD COUNTY CLERK & REC 4 PLANNING DEPT ]004 11111 11111111111111111111111111111111111 • 2769485 05/19/2000 03:13P JA Sold Tsukamotu 3 0l 6 R 30.00 0 5.00 Weld County CO Exhibit A (Milliken Land) (Legal Description) PARCEL B: A parcel of land described as follows; Lot"B"Recorded Exemption Number 1057-8-2-RE]586 as recorded January 3, 1995 in Book 1473 at Reception No. 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 (NW1/4,NE1/4) all in Section Eight(8),Township Four North(T4N), Range Sixty-six West (R66W)of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado. 11/13/01 16:08 FAX 3531964 WELD COUNTY CLERK & REC 4 PLANNING DEPT X005 1111111111111111111IBI IIIII1101111111III IIUI IIII IIII 2769485 0511912000 08:13*' JR Sold Taukamoto 4 of 8 R 30.00 D 5.00 Weld County CO Exhibit B to Special Warranty Deed (Milliken Land) (Exceptions) 1. Taxes and assessments for the year 2000 and subsequent years, a lien,not yet due or payable. 2. Any rights, interest or easements in favor of the United States, the State of Colorado or the public, which exist or are claimed to exist in and over the past and present bed, banks or waters of the South Platte River. 3. Right of way for County Roads 30 feet on either side of Section and Township Lines,as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 4. Right of the proprietor of a vein or lode to extract and remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights of way for ditches and canals as reserved in United States Patent recorded May 5, 1891, in Book 57 at Page 136,any and all assignments thereof or interest therein. 5. Right of the proprietor of a vein or lode to extract and remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights of way for ditches and rants as reserved in United States Patent recorded April 1, 1908,in Book 132 at Page 29, any and all assignments thereof or interest therein, 6. An Easement as granted to the Colorado Telephone Company by the instrument recorded January 24, 1911,in Book 335 at Page 35. 7. An Easement as granted to Burton D. Sanborn by the instrument recorded May 27, 1911, in Book 341 at Page 437. 8. Agreement recorded February 2, 1922,in Book 692 at Page 14. 9. An Easement as granted to Home Light and Power Co by the instrument recorded November 7, 1958,in Book 1517 at Page 16. 10. Undivided one-half interest in and to all oil,gas and/or other minerals as reserved by Deed recorded November 3, 1962, in Book 1631 at Page 435,including those interests conveyed in deed recorded October 8, 1951 in Book 1313 at Page 208,and any and all assignments thereof or interests therein. Page 1 of 3 11/13/01 16:09 FAX 3531964 WELD COUNTY CLERK & REC PLANNING DEPT (?1006 1111111 11111 1111111 IIII 11111 1III 111111 III 11111 Ent 2769485 05/19/2000 03:13P JA arki teukamuto 5 o1 6 R 30.00 D 5.W Weld County CD 11. Oil and Gas Leases recorded September I, 1981,at Reception No. 1867891 and September 4, 1981 at Reception No, 1868267,and any and all assignments thereof, or interest therein. 12. An Easement for pipelines and incidental purposes granted to Associated Natural Gas Company by the instrument recorded May 2, 1983, at Reception No. 1925435. 13. An Easement for pipelines and incidental purposes granted to Associated Natural Gas Company by the instrument recorded May 2, 1983,at Reception No. 1925436. 14. An Easement for pipelines and incidental purposes granted to Natural Gas Associates by the instrument recorded July 20, 1984, at Reception No. 1974822. 15, An Easement for transmission lines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded November 21, 1986,at Reception No. 2077948. 16. An Easement for pipelines and incidental purposes granted to Windsor Gas Processing by the instrument recorded April 3, 1987, at Reception No.2094522. 17. An Easement for transmission lines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded April 23, 1987, at Reception No. 2096843. 18. An Easement for transmission lines and incidental purposes granted to Public Service Company of Colorado by the instrument recorded July 7, 1987, at Reception No. 2106110. 19. An Easement for pipelines and incidental purposes granted to Associates Natural Gas Inc by the instrument recorded September 9, 1987, at Reception No. 2113715. 20. Valve Site Contract with Associated Natural Gas Inc recorded September 9, 1987,at Reception No. 2113716. 21. An Easement for pipelines and incidental purposes granted to K N Gas Gathering Inc by the instrument recorded November 12, 1998, under Reception No.2653122. 22. All Easements and notes on the recorded map of Recorded Exemption No. 1057-8-2-RE- 1586. 23. Easements,Encroachments,and Notes on Survey by King Surveyors Inc,Project No. 99233 date August 1999 and recorded March 16,2000,at Reception No.2756068. Page 2 of 3 11/13/01 16:09 FAX 3531964 WELD COUNTY CLERK & REC 4 PLANNING DEPT n007 I IN 111111111111111 I 11111(11111111111111111111111111111 2769485 05119/2000 03;13P JA Suld Taukamoto 6 of 6 R 30,00 D 6.00 Weld County CO 24. Reservation in Special Warranty Deed(Milliken),Lewis Property Investors LLC, grantor anRML Property Investors LLCra teyldated May 16, 2000,recorded on May ,2000,at Reception771113,in Book at Page 25. Si Warranty Deed(Sand and Gravel), at as of May 16, 2000,recorded on May 2000,under Reception No ,in Book at Page 26. Farm I race dated February 16,2000,between Ed Kammerzell and Ramsey Farms,and any and all assignments thereof or interest therein; said Farm Lease terminates on December 31,2000. 27. Residence Lease dated May 16,2000, between Edward J.Kammer ell and Shirley M. Kammerzell and Lewis Property Investors LLC,and any and all assignments thereof or interest therein; said Residence Lease terminates on February 15,2001. Page 3 of 3 Kim Ogle- RE:Aggregate Industries, USR 1279 and USR 1354 Page 1 e , From: <Gloria.Hice-Idler@DOT.STATE.CO.US> To: <kogle@co.weld.co.us> Date: 11/14/01 8:47AM Subject: RE: Aggregate Industries, USR 1279 and USR 1354 Kim, As no access or improvements are needed on the state system, no access permit will be required for this development. If you should have any questions, please do not hesitate to contact me. Gloria CC: <egc2000@aol.com> EXHIBIT 11-16-2001 07:40PM FROM TO 19703046496 P.02 United States Department of the Interior • FISH AND WILDLIFE SERVICE 9q�y a Ecological Services Colorado Field Office 755 Parfet Street, Suite 361 Lakewood, Colorado 80215 IN REPLY REFER TO: ES/CO: T&E/PMJM/Survey Mail Stop 65412 N0V 1 3 2001 Michael S. Savage Savage and Savage 464 West Sumac Court Louisville, Colorado 80027-2227 Dear Mr. Savage: Based on the authority conferred to the U.S. Fish and Wildlife Service(Service) by the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 etseq.), the Service reviewed your letter of November 1, 2001, regarding the Preble's meadow jumping mouse, Zapus hudsonius preblei, (Preble's). This regards the Aggregate Industries Milliken Project in Weld County, Colorado. You requested a written statement from the Service regarding the status of the project under the ESA. r'` Prehle's, a federally-listed threatened species under the ESA, was determined to be present on the Milliken II project site. A site meeting was held to discuss Preble's and other wildlife concerns. In attendance were representatives from Savage and Savage,Rocky Mountain Consultants, the Service, and Colorado Division of Wildlife. We understand that Aggregate Industries is aware of the issues discussed. The Service will continue informal consultation with Aggregate Industries, their representatives, and, as appropriate,the U.S. Army Corps of Engineers under their section 404, Clean Water Act authority,to address issues regarding Preble's on the site and compliance with provisions of the ESA. If the Service can be of further assistance, please contact Peter Plage of my staff at (303) 275-2370. 'ncerel ml/LeRoy W. Carts TT `"' Colorado Field Supervisor cc: U.S. Army COE, Littleton, CO Plage Reference:Peter/PMIM2001.146 EXHIBIT NOV-16-2001 FRI 11 :23 AM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 01 P- 'O`i•b941,r) ROCKY MOUNTAIN CONSULTANTS. INC. qMC Premiere Building 825 Delaware Ave.. Suite 500 Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, lost name)Olong.rmcco.corn January 9, 2001 Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: Aggregate Industries,Inc.—Milliken Site,USR 1279 Dear Mr. Ogle: On January 3, 2001, Traffic Engineer Gene Coppola, Connie Davis (Aggregate Industries), Engineer Mike Boden (RMC) and I met with Diane Houghtailing to discuss the traffic issues pertaining to TJSR 1279. Ms. Houghtailing requested we submit the preliminary design for the realignment of Weld County Road 396 directly to her. She will ensure that the design conforms to Weld County's requirements and that sufficient right-of-way is dedicated for the road. It is my understanding that once Ms. Houghtailing approves the preliminary design, all traffic issues for this parcel and the proposed expansion (that I discussed with you on the phone last week) will be resolved. The proposed expansion will not require a new traffic study because it is merely extending the life of the operation. There will be no increase in traffic. Ms. Houghtailing stated that in order to meet CDOT's concerns, Aggregate Industries, Inc. must commit to using the stop sign to enter Highway 60 instead of the ramp. Aggregate will also implement the recommendations set forth in the traffic study. We will keep you informed of our progress on the preliminary design. Please call me if you have any questions. Sincerely, R r Y MOUNTAIN CONSULTANTS, INC. eit" Danna Ortiz Natural Resources Planner cc: Norm Roche, Connie Davis—Aggregate Industries, Inc. Gene Coppola Diane Houghtailing, Weld County Public Works Department H:\0137-086\WeldCounty\WeIBPmtHcLtr.wpd CIVIL AND ENVIRONMENTAL ENGINEERING - PLANNING # 4 NOV-16-2001_FRI 05:28 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 02 10/18/01 _07:t4 FAX 870 304 6498 WELD INNING lIDOo7 .. .x ...uvi new ,vc C 7y'f .%l?L I U 7t9'?Id 046498 P 22'x3 UNION PACIFIC RAILROAD COMPANY Real Estate Department D.LINIch J.L 14Mer Kumar Nee Pr-J ... O&s .OpWLS Support R warns ., osoheavam . O aau09ra w II(III IL W Caa , 1%Q Enter 01111S-1515 91511 595•1tOeclanRI51Imo i Cenral oraRePSlerMll Wept ems.Nebraaae OHM 4, ask 0daclo51•011'Mnrpemee Fax 1402)9974101 \ es September 27,2001 Polder 131-93 ` ` .. oto 1/44 4\� _____„i ‘z ICIM OGLE / •-*,._ WELD COUNTY PLANNING DEPARTMENT �` �� 1555 NORTH 17TH AVENUE GRTn.EY,CO 80631 -Ze (� Dear Kim: p� RE: Case Number 11SR 1354—Aggregate Industries—WCR,Inc.,in Weld County,near Milliken.Colorado Reference is made to my letter dated August 2.1,2001 in which I bring to light some of the issues that are of concern to Union Pacific Railroad relative to the proposed development. I have been asked to further address our position so as to put to rest some possible misunderstandings involving that letter. Let me trust say,that Union Pacific Railroad as a rule does not have generally object to any use of property adjacent to the Railroad unless that use will dumpy impact our use of our property for Railroad operations. in this regard,Union Pacific is not opposed to the development use of the adjacent property. Our only concerns are in protecting our property or our property rights. Prom the plans we ware sent to review,it appears clearly as though the development many impact our property and Is anticipating on using our property in its operations. However, so long as our concerns,such as fencing,anticipated mad Grossing use and a conveyor crossing are appropriately dealt with,the Railroad would not be opposed to the development. with regard to any use of our property,we feel it is extremely important that the Planning Board be informed as to whether or not the Railroad is agreeable to any anticipated use of our property. And unless a developer can demonstrate to the Board that a use is permitted by the Railroad,it should be assumed that we have not negotiated any such use. Regarding the gravel mining operations as a whole,please bo advised that the Railroad has had contact with Aggregate Industries—WCR,Ina regarding the project There have been several discussions with various departments within the Railroad and we have been working to find a way to make the railroad an integral pert of the transport of materials from this site. " WI NOV-16-2001 FRI 05:29 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 02 _ .— — - - w boos 10/15/01 07:24 FAX 970 904 6498 WELD. .Ei$lNG •- --- •w- and the inclusion of the Railroad in its Basically,the use by the develop&of this property the Railroad has been In development plans are two distinct and separate matters. And although discussions w hh Aggregate industries—WCR,be.to provide rail service,we have not yet worked out any permits with them to utilize our property. Thank you for your time and attention- Please contact me if you have any questions. Yoore�� Aid kL.Nelson Real Estate a TOTAL PAGE-e3 NOV-19-2001 MON 03:35 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 02/02 ri KERR-MCGEE .Ga ER/nc LW \"""''• 1600 aFOADWAV,SUITE 9600 • DENVEF.COLORADO S0>'.l! November 16, 2001 TELEPHONE: 903-2063600 FAX: 203 406.3601 Ms. Dana Ortiz Rocky Mountain Consultants,Inc. Premiere Building 825 Delaware, Suite 500 Longmont, CO 80501 Re:_ Aggregate Industries gravel mine Township 5 North, Range 66 West;parts of'Sections 4 and 5 - - Township 4 North, Range 66 West, parts of Sections 8 and 9 Weld County, Colorado Dear Ms. Ortiz: Per the plans that were submitted to Kerr-McGee Gathering LLC ("KMG")on October 24th , 2001, this is to advise that KMG does not have any objections to the proposed development,as long as the operations are conducted as designed. From the plans submitted, Aggregate Industries will be providing an adequate buffer for KMG's 8-inch natural gas line. However, it is requested that prior to conducting mining operations,Aggregate Industries, Inc. must properly locate KMG's 8-inch natural gas pipeline and take precautionary measures around the pipeline; such as the construction of haul roads, if during the planned development requires the crossing of the pipeline with heavy equipment. Thank you for your consideration in planning the development with KMG's natural gas pipeline property rights in mind. Very truly yours, Kerr f--McGee Gathering LLC Matthew Miller Pipeline Landman NOV-19-2001 MON 03:36 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P, 02/02 ROCKY MOUNTAIN CONSULTANTS, INC. RIC Premiere Building 825 Delaware Ave., Suite 500 Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 November 14, 2001 (first initial, last name)@long.rmcco.com Mr. Gene Katnmerzell 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' (AI)proposed gravel operation with me. Following is our response to your remaining concerns. Visual Appearance AT has agreed to plant a landscape buffer between your home and the mining operation before mining begins. We have revised the mining plan to respond to your desire to have cottonwoods along Highway 60, rather than a buffer near the old barn. Please refer to the attached mining plan for details. Impact on Irrigation Well and Domestic Wells Attached is a groundwater report that addresses the potential for impacts to your wells and any other adjacent wells. The model simulations demonstrate that the slurry wall will not have an adverse impact on the pumping water levels in the irrigation well. On the contrary, the slimy wall prevents groundwater flow causing minor mounding upgradient of the slurry wall, and higher water levels at the irrigation well. Because the pumping water level is not impacted in the well,it is not expected that the pumping rate would be effected by the slurry wall. Refer to the attached report for further details. Al will install 3 piezometers along the west edge of the slurry wall near pod 2 (refer to mining plan for locations). AI will monitor the piezometers quarterly until mining begins and then monthly. Should the slurry wall elevate the groundwater more than twelve inches above historic levels, AI will install a subsurface drain along Highway 60. EXHIBIT CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING I NOV-19-2001 MON 03:30 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 02 Mr. Gene Kammerzell October 23, 2001 MC Page 2 e 2 of 2 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, Roc Mountain Consultants, Inc. o.. ImoI ... Danna Ortiz WV•'v 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 ,a I, the undersigned accept Aggregate Industries— WCR,Inc. 's proposal as described above. Mr. Gene Kammerzell Date Arborland Nursery 22465 State Highway 60 Milliken, Colorado 80543 r N0V-19-2001 M0N 03:30 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 03 I r r , !, 25 , ' 25' SETOA0C 5ETDACK 25 SETBACK / 1� y IRRISATIONI 1 1 ] ZONE DITCI+ ; G I �;`' •i ,1 l , moo TAI. SA,_.7w �.:., I ---r ZONE 1 Exist-we, -• �: / i BUII_DIWbS' ' , <.�� i ii (9) NIKE5ARK ©) COTTONWOOD ,�y _' ©) GOTT0NWO0D I I` (AASG2F�N R;1;��-.. er�iio�+ -, It}I p�5 '/ I j QOCKY a / MT I.Xkd PER �`�' ei y .7 Ala 7 /� �� 2) 5LOPE / (6) I200Cf ll MAX. MT.-LIMPER ( i (y HAC KDE2R% 4'116 / 1 / •:: , vran.i ZONE J ca an CDTTONWDOD 11 . POP p r L4UI / A :1 a - - _ _- Q>`' l n� . WO EVIOESZE of PITO4 N - % • 1 bJ THIS LLY..4770 O 1 0 6 - r I \li \II 20J ACRES /pr .1 / 1 Q C) I c v ^ 1 ■ : IIUI�' (H) COTTONWOOD o c LE O 1 I'r•° (tc ..®9I BATTEA2 ®� '1- �) WILLOW ' I ', 1►�S 1 (10) GOTTONW0017 / , fin" LOGA ICON . . III ;= t Ike -, OF EtA5•LIMES PROPOSED ' - sp BUFiERl416 PL.fi1J 0 .�--.. l i } 1 ; R,� I - / a b r- ® Nf .v4 7 ` • OIL/6AS `• ��/ WELL. �a- I 6 n N. �j Uv e / 13 p. 04 • M /" , wCR 46 l i t Ii }}. { . ii g joi; di . i #1 el i , lS l rjL' I 11 4§ I§ § I§ § ! 11 lith 1§14 •tik≤. c' x ilt r ,971c‘4, m§ A§I A§ P itLL A§t O1 A' `7 , III I I (- I , i 4 fir, JJJLJ F gj I ili g "pa� �r 'ylSt ' ifi'tD t�= a .L 1 r 1,1 b{� '}4 f" a �;i C%a ��*r, , , l�_ �ZyhF k.5W b0 'd 6969999£06 'ON Xd.d SINVITISNO0 N,LW ANOON Wd IE:60 NOW 100E-6I-AON NOV-19-2001 MON 03:31 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 05 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 (first initial, last name)@Iong.rmccocom MEMORANDUM TO: Danna Ortiz,Rocky Mountain Consultants, Inc. FROM: Tim Cox,Rocky Mountain Consultants,Inc. List DATE: November 19, 2001 • RE: Groundwater Analysis of Proposed Slurry Wall,Aggregate Industries Milliken Site,Weld County, Colorado; RMC Job No.80-3919.007.00 A groundwater analysis of the proposed slurry wall at the Milliken site was performed. The US. Geological Survey's finite-difference computer program, MODFLOW(Groundwater Vistas version 2.5),was used to develop a demonstration model for the Milliken site. The model encompassed most of Sections 7, 8 and 18 in Range 66 West, Township 4 North, covering approximately three and one- half square miles. The model was centered around the irrigation well(Permit No. 8302R) on the Kammerzell property. The Kammerzell property is immediately west of the Milliken site. The irrigation well is 48 feet deep and was reported to yield 1,800 gpm in 1981 when the well was reconditioned (personal communication, Mr. Kammerzell). The objective of the modeling was to assess the impact of the proposed slurry wall on the irrigation well. MODEL,SETUP A two-dimensional model was constructed that simulated the alluvial aquifer within the South Platte River valley(Figure 1). The model consisted of 100-foot by 100-foot grid cells, 90 cells in the east- west direction (columns)and 110 in the north-south direction(rows). The underlying bedrock formed the bottom of the model. The model was bounded on the north by the Big Thompson River and on the southeast by the South Platte River. The two rivers were specified as constant head boundaries and assigned elevations that approximated the slope (gradient) of the rivers. The east and west boundaries were no flow. The model simulated the saturated alluvium (sand and gavel)in the site vicinity. Bore holes drilled on the Milliken site encountered alluvium to depths of 39 to 58 feet below ground surface, but the bore holes did not penetrate the underlying bedrock. This suggests that bedrock may be greater than 58 feet deep in some areas of the Milliken site. The depth to bedrock on the Kammerzell property is said to be from 35 to 66 feet (personal communication, Mr. Kammerzell)- Therefore, the saturated alluvium in the model area could be as little as 35 feet deep to 66 feet deep based on the available data. The bottom of the model was assigned an elevation of zero and constant head elevations of the two rivers were set so that the simulated water table would be approximately 50 feet in elevation on CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING NOV-19-2001 MON 03:32 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 06 Rnc the Kammerzell property, which is a reasonable saturated thickness of the alluvial aquifer based on the bore hole data. The hydraulic conductivity of the alluvial sediments was obtained from Colorado Circular No. 11, published by the U. S. Geological Survey and Colorado Water Conservation Board (Wilson, 1965). The publication is a compendium of aquifer tests for the major river systems along the Front Range of Colorado. Seven aquifer tests were identified within an approximate 10-mile radius of the Milliken site. The aquifer tests were conducted on irrigation wells completed within the South Plane River valley at similar depths as the well on the Kammerzell property. The average hydraulic conductivity from the seven tests was 1,050 feet/day. This value was used throughout the model. A recharge rate of 5.5 inches per year was used in the model. This value is reasonable considering the annual precipitation is 12 to 14 inches per year, there is irrigation in the modeled area, and the depth to groundwater is relatively shallow. STEADY STATE SIMULATION A steady state simulation was performed to produce an equilibrium water table of the model area. The steady state water table is shown on Figure 2. A water table elevation of 50 to 52 feet on the Kammerzell property was simulated. These elevations correspond to a saturated thickness of the alluvial sediments of 50 to 52 feet, which is consistent with data from bore hole logs. Arrows on Figure 2 show the direction of groundwater flow. Groundwater flows from west to east and parallel to sub-parallel to the rivers,which is typical of broad alluvial valleys. SIMULATION OF PUMPING WELL The model was then used to simulate pumping of the irrigation well on the Kammerzell property. The purpose of this simulation was to provide a water table map with the well pumping for comparison to a subsequent simulation where the well and slurry wall were simulated. Simulated water levels from the previous model run without the irrigation well pumping were used as the starting water levels for this simulation. The well was located based on records from the State Engineer's Office and confirmed with the property owners(personal communication, Mrs. Kammerzell). The well was simulated at a pumping rate of 1,800 gpm under steady state conditions. The simulated water table with the well pumping is shown on Figure 3. Figure 4 shows the simulated drawdown created by the well and resulting cone of depression around the well. Drawdown contours on Figure 4 are in one-foot increments. The total drawdown in the well was approximately five feet. The one-foot drawdown contour extends radially from the well to distances of 700 to 1,500 feet. SIMULATION OF SLURRY WALL The model was next used to simulate the slurry wall. The purpose of this simulation was to predict the change in pumping water levels in the irrigation well caused by the slurry wall. Comparison of this simulation to the previous simulation without the slurry wall would result in the slurry wall's effect on the irrigation well. '1'he slurry wall was simulated by specifying no-flow boundary conditions to all cells within the slurry wall. A slurry wall essentially isolates the interior from the surrounding groundwater system. Groundwater flow across the slurry wall is negligible; thus, - 2 - NOV-19-2001 MON 03:32 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 07 Rnc representation of the slurry wall with no-flow cells is a reasonable method. Use of no-flow cells to represent the slurry wall is believed to be conservative, in that it will result in an over-prediction of the actual effects from the slurry wall. Simulated water levels from the previous simulation with only the irrigation well pumping were used as starting water levels for this simulation. Figure 5 shows the simulated, steady state water table with the irrigation well pumping at 1,800 gpm and the slurry wall (no-flow cells)in place. The change in water levels caused by the slurry wall are shown on Figure 6, with contour values shown in one-half foot intervals. Note that the values on Figure 6 are negative, indicating that groundwater levels have increased as compared to the previous simulation without the slurry wall. Groundwater mounding in the range of one to two feet resulted on the upgradient side of the slurry wall. The pumping water level in the irrigation well was about one- half foot higher as a result of the slurry wall. FINDINGS The model simulations demonstrate that the slurry wall will not have an adverse impact on the pumping water levels in the irrigation well. On the contrary, the slurry wall prevents groundwater flow causing minor mounding upgradient of the slurry wall, and higher water levels at the irrigation well. Because the pumping water level is not impacted in the well, it is not expected that the pumping rate would be effected by the slurry wall. The primary reason why the proposed slurry wall has no adverse effect on the irrigation well is that the well is located upgradient of the slurry wall. An additional reason is that the South Platte River provides the majority of water that is pumped by the well because the well is relatively close (1,200 feet)to the river and completed within the highly transmissive alluvium. The slurry wall does not inhibit the well's continued ability to draw water from the river and surrounding alluvial aquifer. H:'919 OOTGW nWCOMIllikp.Mcma.dz - 3 - NOV-19-2001 MON 03:33 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 08 ^ Figure 1 - Model Grid Milliken Site - Aggregate Insustries 11/16/01 TJC 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 ZS i I Namara !� 1 _ 1 C! C='CA i eiir! b ic II ! S 1 1 1 - ' 711 1 _ IC 'C� Cpl.' 20= I :'2a4 a . . -1 . .■C_ ICCC S :n MIIIM7 non ` .■1i� .. :; C'_—■ R 257 1 ram _` : - =l,mmaries.. �.r.._.. Iwa- IICO---lamp MC-_ I =FE. _ 30E. ;� sa .■i Wait -l- ♦-Erff �■ 1 - SC 1 • 1m .. ■ CCCCCaI�. 35_.... ill C� Ci_ = -- C= 'ma-CCC.:Ii ■C g NC = . C.� - C=C9�I m 40-.■ 1 ELI _: 1. - - d =I a�" . 4...e _ _CS��f mm 45 i �I _ - _ a aI -- .. I�1 Cl C_=SC i i 1 C .T- .� 1 .!C's. . I iS P m. I ■ `.- 1.. - = =s.. -_ CC !W 65 "I i ■! _.j'; I M Cna ! 3 .as -- =�CC�I ■ a --4, , ■- 1 EC -1 la==lai 70 1 1 - I • • . ar� III =Ci�a�11 75 - 1 - a - '.. :. 114':-80 .. i� CVH_ - t . rma: II C_ Yi . 3hwimp _ 1., ■r ■ -�C I. I _ —s -__ . - _III 85 Ili z! I- Ci —. _. - CC CC�iii 90 r"�, a la ll .. In C' C�i�I 95 =._: C -`�.. C.- - Cam, GEC=�lii 1 El rmalEMang , 1 �_ . - am row, -: - - �IMEE l 100 i - 105 t _ . . . 9: MC 1 e9 -CJY 9.11 S =I n sap ,10=-I 1 . C a n - i n7 ESC- .:1 NOV-19-2001 MON 03:33 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 09 Figure 2 - Steady State Water Levels and Groundwater Flow Directions Milliken Site - Aggregate Insustries 11/16/01 TJC \ - ........... .......... CO S I 4_m Sari tJfX \) el rO1 O1 7 QCP 46. r r' t S`` jet 48 --- *AN - P fc. m Sa 7 -.‘‘ %' \,..,.,,,,,, 4‘ Sti / t S NOV-19-2001 MON 03:33 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 10 Figure 3 - Steady State Water Levels with Pumping Well at 1800 gpm Milliken Site - Aggregate Industries 11/16/01 TJC tic in c tn I O4,1 WA I, al NCP o 0 7- i IC k i . ) -- . i cn • C° .\It----.. g � s i I j(, � _,\,7 Q l �, x.21 ✓� l AIL V �^- _..__ —.- .. . 50 � Si / s sz ��.— s / / / \ 1 g 62 NOV-19-2001 MON 03:33 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 11 Figure 4 - Steady State Drawdown with Pumping Well at 1800 gpm Milliken Site - Aggregate Industries 11/16/01 TJC S• Br ei—how. sa1/4 R,sw \ 1 �p�S Sa441A k IS NOV-19.2001 MON 03:34 PM ROCKY MTN CONSULTANTS FAX NO. 3036656959 P. 12 Figure 5 - Steady State Water Levels with with Pumping at 1800 gpm and Slurry Wall Milliken Site - Aggregate Industries 11/16/01 TJC , i —mews (AA ti'ee-cn at cn W O ? 6\„,,_____ \ \57\,. .. ..4): 5hAtNy cji Wulff .• .O N W N 7 O1 . 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M<9 1 --,---t, s; „-- \ IM t \ 11 la . .A e: 3 til � 0, I ' en`42 •s": -• , . \ • Ix \ N. ii, yr�s IllilltiEt r/fy �s� 1 Kim Ogle Patina Letter6.doc Page 1 November 16,2001 Mr.David Padgett Padgett and Associates 1625 Broadway,Suite 2000 Denver,CO 80202 RE: Milliken Resource(Sand and Gravel Operation) Division of Minerals and Geology MLRB 112 Permit Amendment—Permit#M-2000-087 Weld County Use by Special Review Application—USR 1354 Dear David: During our meeting following the Informal Conference at the Division of Minerals and Geology yesterday,we discussed the mineral interests of Patina Oil and Gas Corporation in the subject property of Aggregate Industries' application for a sand and gravel mining operation,as referenced above. The proposed operation is located on parcels of land in Sections 4,5 and 8,T4N,Range 66 West,6th Prime Meridian,Weld County,Colorado,as described in Exhibit A—Legal Description. As a representative of Patina Oil, you advised that Patina has both existing facilities located on the property and mineral interests for future drilling on the subject property of the application. ^!' As we discussed,there are a number of different options to consider with regard to both existing and future facilities. As the sand and gravel mining operation will occur over a period of years,there are also many variables to consider in selecting the most sound business option for each existing or future oil and gas facility. Depletion of the mineral resource,the quality and/or quantity of the aggregate resource encountered on site, and changing market conditions in both the oil and gas industry and the aggregate mining industry throughout the life of the mine will most certainly be factors in determining the economic feasibility of these options. Due to the number of options available and the variables that affect timely decisions,we mutually concluded that developing and entering into an agreement that addresses all of the options is not practical at this time. We therefore agreed to set forth some basic standards to be followed throughout the life of '.. the sand and gravel operation. This letter sets forth the basic standards and options as we discussed. Aggregate Industries acknowledges the mineral rights and interest held by Patina for minerals under the property described in Exhibit A attached hereto. In recognition of the rights and interests of both Patina and Al in said property,and to maintain the ability for both Patina and AI to make sound business decisions in the future as development of the property progresses,AI proposes and commits as follows: 1. Existing oil and gas facilities. AI will either: a) Provide Patina with twenty-four hours per day,seven days per week access to existing oil and gas facilities and maintain the following minimum set-backs from such facilities: i) Wellheads and Production Facilities. AI will maintain a minimum distance of 150-feet at all times on at least one side of a wellhead and will otherwise maintain a 70-foot set-back from wellheads and production facilities. !. ii) Flowlines and Pipelines. AI will maintain a minimum set-back of 30-feet from existing flowlines and pipelines; or, Kim Ogle Patina Letter6.doc Page 2 ,^I b) Al will enter into an agreement to pay to Patina the reasonable cost of plugging or Mr.David Padgett,Padgett and Associates November 16,2001 Page Two relocating such existing facilities 2. Future Facilities.Throughout the term of the Division of Minerals and Geology Permit,AI commits to either: a) Retaining an adequate area for a future drill pad within a drilling location to which Patina has the right to drill but has not drilled and to retain adequate means of establishing access to such area,in accordance with reasonable oil and gas industry operation standards for such facilities and access roads;or, b) Upon sixty(60)days'notification by Patina to Al of its intent to drill,Al will enter into an agreement with Patina to either: i) Meet with Patina to field locate a drill pad site within the drilling location which Patina intends to drill,and if necessary,backfill an adequate drill pad site and access road;or, ii) Pay to Patina the reasonable additional costs associated with a directional drill over a vertical drill;or, iii) Purchase Patina's right to drill. We believe that the above proposal and commitment provides both Patina and Al the greatest degree of flexibility in making sound decisions effecting the wise use of natural resources as well as the business and economic development of each of our industries. If you are in agreement with these basic development standards,please sign the acknowledgement below and return this letter to me. A second signed original of this letter is also enclosed for your signature and retention. Very truly yours, Connie Nickle Davis Support Services Representative Enclosure ACKNOWLEDGEMENT STATE OF COLORADO )ss. County of The undersigned,by and on behalf of Patina Oil and Gas Corporation,hereby acknowledges and � Kim Ogle - Patina Letter6.doc Page 3 Mr.David Padgett,Padgett and Associates November 16,2001 Page Three accepts the above commitments of Aggregate Industries-WCR, Inc.with regard to the proposed Use By Special Review to be adequate for protecting the existing oil and gas facilities and the mineral interest rights of Patina in the subject property of said Use by Special Review. Patina Oil and Gas Corporation By: The above and foregoing was acknowledged before me this day of 2001 by as for Patina Oil and Gas Corporation. Witness my hand and official seal. (SEAL) Notary Public My Commission expires: cc: Kim Ogle,Weld County Planning Department Danna Ortiz, Rocky Mountain Consultants Aggregate Industries-WCR,Inc.—Mike Refer,Norm Roche I�im Ogle - Milliken Mine- Set-Backs Page-17 From: "Davis, Connie" <connie.davis@aggregate.com> To: "'dpadgett@patinaoil.com"' <dpadgett@patinaoil.com> Date: 11/19/01 3:42PM Subject: Milliken Mine- Set-Backs Hi David -Attached is a letter setting forth Aggregate Industries commitments to protect Patina's existing oil and gas facilities and future drilling rights within the sand and gravel mining operation at Milliken Resource, as set forth in Weld County USR Permit application USR1354. The set-backs stated in the letter with regard to existing facilities are as we discussed during our meeting on November 8. These set-backs are consistent with what other oil and gas companies have indicated are appropriate. I understand from our telephone conversation this morning that you want to verify the adequacy of these set-backs with Patina's field engineer, but that you did not get a response from him last week and he is now on vacation. You indicated that you plan to attend the Planning Commission hearing in Weld County tomorrow. Since you are unable to accept our commitment at this time without verification from Patina's engineer, we would appreciate your advising the Commission that we have discussed Patina's interests and that you are in receipt of our proposal. Please contact me with any questions or comments. Thanks - Connie N. Davis, Support Services <<Patina Letter6.doc>> Aggregate Industries-WCR, Inc. connie.davis@aggregate.com Phone: (970) 336-6526; Fax: (970) 378-6856 CC: "Refer, Mike" <mike.refer@aggregate.com>, "Roche, Norm" <norm.roche@aggregate.com>, "dortiz@long.rmcco.com"' <dortiz@long.rmcco.com>, "'kogle@co.weld.co.us"' <kogle@co.weld.co.us> —` W C C N L - - - E tS cC c m a t g 0 .. 73 a 0 m m N a) 3.7 >. o C E o 3 �' a v 00 CO a 3.. d m •3• Ta' m 'o m o o Z °' c o m �i m o v 2 CO Cm = d o d N ro-n = 2 e F 0 N N 5 N to g to U v a) IL > E o) 2 ~ E 0. L S �' a m oc c CO N C C m ... C O) W m 0 - X 0 0 m t 2 3 c D m E a) m to Q cc c W w m y - a) m o a a vs U ID -, -) a_ o o m d 'o t 0 o aa) m 2 2 ti v ti w a v m U a E v a a a g = ' w fi o 0 ; 2ii W W W c `° -c -a-) 3 3 m m .L` ac •tf lc c - >: r v "i �i = ' O a o 0 I- a) a) cm cc mo 0 3 — a'W v S. c a, c m v Ln c o v m co °% co w m ->— a) c� 3 0 o f E C V 3 c i W W vCO U) a8i = ` mm cc U U S 3 oEE 0 o N m m > N W CO CO C aa3 o) CO N O Z v v a a D D Oa 0 7 O a` E T l _ _ >. a to mre, Y m Y a) Y J co Ol I1 m oW6 0 — c (� — _ = p V co o 2 W cto v m H a a. 2m Eo E to E w y Ey 0 = Q m 8i 0 t I`- �n1pp O O W yy N L IY a L .. 0 0 T U 0 0 m > tYp § o m 0 .-. 0 .. 0 U 0 m U U N p� m `� C `�- C C C a o > C Uf m O U �p O O O O 0 0 U a = ¢ Q ',1; e m 11 E c U U a to a 3 E W Q m :? W m U 3 m = 0 0 a v ,.- 0 U 7"n c U ?_ c c m c m E -5 c 0 CD a) m � CD ? o U oo 0 ± a -) 0 0 t ' 10 O c c I) g c C DC C m O 3 L d om E E -- 0 0 0 o c c 0 2 € a ; E Z 5 - v) a .c W W m m m e g a8 o Z Qc a0 E H � 0 3 a' rh 0 E c Q O g m U E 0 CO ✓ A N a CCi CCi m y C c v C W W m m CO i' W N O ;Y Y Y Y Y — W Y — W Q Q d J LL N to -' W = Le _ TS 0 ci 2 M 22 2 m 2 m 0 D a 0 co O CO 2 W Imo. I- W m la cc> H O O O O 0 — O Cl Q 2 0 N N NN o .- 0 C N a V) W W N O O b b 0 0 r' 0 0 0 0 0 O N ri ea 2 F-' o co co N N ap Cl 0 0 0 10.1 Cl 0 O ap' 6. 0 Y C9 O 0 co N W a t0 co N N N N ` a O ti 01 a - 7 7 2 c cc t t N - - N W N - 0 E >. T 0) - > 2 y W LL W LL IL LL 2 2 Q Q Q Q -, -) -, 4 O Z lHIBIT i ys % k n ( co CO CD , Cl) § § � « « w « � « CLCC ) 2 0 0 § k 2 ) / § 2 § § § ) / ) g2 g ` ,_a 18 B ca In — ) }) ) | \! 0 2 7 § ( $ Ca« T C0000 k S - \ ® % § k 103 Ce \k � \ ! \§� a § 22 , ( _ kY M/k ! k ) § 1001 \ \ \ « CO k * os V f2 co_ 2 - C I \a . § ) / I _ - _ CL 11. o 7\ 9 ( k - \/ OS ) \ k \ O , ; - ; 2 . aE � as \ 7 \ { a2 ; 2 ] { ; I k4Kk) \ \f{ 2 , 10 i\ | a ! § 4 ) / {ix § -oa ; ! ! \ U % j § > m-, ; a § I2a \ § ) ) \ C2 ) ! c } § 1!d 0 — 2 \ k r • § \ CO To § § c , CO to ° ° _co % _ o § — k O ) z ■ ; ■ - k 0 01 � o5 m d8E 0) 4 Z A. The plat shall be amended to delineate the following: 3) If a bald eagle night roost is identified in the study by Savage and Savage, any buffer established by the U.S. Fish and Wildlife Service shall be delineated on the plat. Development Standard 32 If a bald eagle night roost is identified within the permit area during the survey by Savage and Savage, mitigation measures will be developed by the proponent and approved by the U.S. Fish and Wildlife Service, and implemented prior to mining within a buffer zone established by the U.S. Fish and Wildlife Service. Hello