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Home My WebLink About20050684.tiff ORIGINAL DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone (970)353-6100, Ext. 3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By: Planner Assigned to Case To be completed by APPLICANT in accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the, Weld County Planning Commission concerning a proposed sand and gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: Please see Exhibit A of the DMG application materials. PARCEL NUMBER: (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). 146925000016, 146925000018, 146925100002, 146936000037, 146936000029, 146936000038, 147130000002 2. Surface owner(s)of area of land described Name: Aggregate Industries—WCR, Inc. 3605 S.Teller Street, Lakewood, CO 80235 Phone: (303) 985-1070 Name: City of Westminster 4800 West 92nd Avenue,Westminster, CO 80030 Phone: (303) 430-2400 3. Owner(s)of mineral rights or substance to be mined Name: Aggregate Industries—WCR, Inc. 3605 S. Teller Street Lakewood, CO 80235 Phone: (303) 985-1070 Name: City of Westminster 4800 West 92nd Avenue,Westminster, CO 80030 Phone: (303) 430-2400 4. Source of applicant's legal right to enter and to mine on the land described (Include certified copy of any document(s) noted): Please see Addendum to Exhibit N of the DMG application materials. 5. Applicant's address: Aggregate Industries—WCR, Inc. 3605 S. Teller Street, Lakewood, CO 80235 Phone (303) 985-1070 EXHIBIT 2005-0684 _ _ 6. Identify any prior permits for mining held by applicant or affiliated person: USR7046-Longmont(Tull Farm)-Cooley Gravel Company USR877, 2nd.3rd&4th Am USR877—Longmont Distel Operation—CAMAS, Colorado, Inc. USR905—Platte Valley Pit—C & M Companies USR897,Am USR897— Riverview Resources—CAMAS, Colorado, Inc. USR978—83`d J.V. Resource—Best Way Paving Company USR690, AM USR690—Loloff Mine, CAMAS, Colorado, Inc. 7. Description of Operation A. Types and number of operating and processing equipment to be used: Please see Exhibit D of the DMG application materials B. Maximum number of employees: 35, and number of shifts: 2 C. Number of stages to be worked: 4, and periods of time each is to be worked: Approximately 0.5 years for Phase I, 5.5 years for Phase II, 2.0 years for Phase III, and 0.5 years for Phase IV. Please see Exhibit D of the DMG application materials for additional information. D. Thickness of mineral deposit: Average 24 feet, and thickness of the overburden: Average 2.8 feet. E. This will be a dry pit operation. F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer): Employees will enter/exit the site from WCR 23 '/2 approximately 0.75 miles north of WCR 2. Haul trucks will not be accessing the site. All materials will be conveyed to an adjacent site (USR905 — Platte Valley Pit) for processing and distribution. Please see Exhibit D of the DMG application material for more information. 8. Description of reclamation A. Proposed reclamation land use(s): Water storage and wetland mitigation B. Source of technical advise for reclamation: Applegate Group, Inc. C. Explanation of Reclamation Process: Please see Exhibit E and the revision to Exhibit E of the DMG application material. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. Pi 9�— V . f. Signature: ner Authorized Agent Weld County Planning Dept. LUG Y 1 2001 s July 26, 2001 RECEIVED AGGREGATE INDUSTRIES Mr. Kim Ogle Weld County Department of Planning Services 1550 North 17th Avenue Greeley, CO 80631 RE: Use by Special Review Permit Application USR-1350 Dear Kim: This letter is to confirm that we are working with Applegate Group, Inc. on the proposed Wattenberg Lakes project and a contract is in place for them to act as representatives for Aggregate Industries — WCR, Inc. Please copy Applegate Group, Inc., attention Bill Schenderlein, on informational and response materials associated with this project. Materials may be sent to: Applegate Group, Inc. Attn: Bill Schenderlein 1499 West 120th Avenue, Suite 200 Denver, CO 80234-2728 Phone: (303)452-6611 Fax: (303)452-2759 Thank you for your assistance in this matter. Very truly yours, • Connie Nickle Davis Support Services Aggregate Industries West Central Region,Inc. Connie Nickle Davis,Support Services 3605 South Teller Street P.O.Box 3121,Greeley,CO 80633 Lakewood,CO 80235 970-336-6526 Fax:970-378-6856 Telephone:303-985-1070 An Equal Opportunity Employer rApplegate Group, Inc. Consultants for Land,Mineral and Water June 26, 2001 Weld County Department of Planning Services 1550 North 17th Avenue Greeley, CO 80631 RE: Application for Sand and Gravel Mining, Use by Special Review ts To Whom It May Concern: Aggregate Industries-WCR, Inc., is submitting the following information and attached material as application for a Mining Use by Special Review Permit. This application is for lands located in portions of Sections 25 and 36, Township 1 North, Range 67 West, and a portion of Section 30, Township 1 North, Range 66 West, of the 6th P.M., all in Weld County Colorado. The operation will be known as Wattenberg Lakes. This letter will supply the narrative segment of the application requirements and is formatted in the same numerical order as the procedural guide for the application submittal requirements. 1. The completed application form along with the application fee is attached. 2. A summary of the mining operation is presented below. For a detailed description of mining and reclamation methods, please see Exhibits C, D, E, and F in the attached DMG application materials. a. Equipment used at this site will be consistent with that used at other sand and gravel extraction operations in the county, however, there will not be any processing equipment at this site. Operational equipment may include but not be limited to: 1 Dozer 1 Excavator 4 Loaders 4 Scrapers 1 Compactor 1 Water Truck 2 Generators 2 Portable Toilets 1 Employee/Storage Trailer 1 Fueling/Lubricating Facility b. The maximum number of employees for the Wattenberg Lakes operation will be 35. Two 8-hour shifts will operate Monday through Saturday from approximately 6:00 AM to 10:00 PM. c. The operation will be a dry pit. d. All employee vehicles will access the property from Weld County Road (WCR) 23% approximately 0.75 miles north of WCR 2. Mining equipment will initially be brought onto the site from WCR 23%, but will not enter and exit on a daily basis. Aggregate Aggregate Industries-WCR,Inc. Page 2 Wattenberg Lakes USR Permit Application materials will be removed using front-end loaders prior to being placed on a conveyor system. The conveyor will transport the material over the South Platte River to be processed at an existing DMG permitted mining site (DMG Permit Number M-89-120 and Weld County USR Permit Number USR905) located immediately east of Wattenberg Lakes. All aggregate materials will be processed at the adjoining site and will be hauled from that site via WCR 6. Haul trucks will proceed east on WCR 6 to Highway 85. The applicant has been working with the county engineering staff, public works, and CDOT on improvements/upgrades to the Highway 85 intersection and that portion of WCR 6 to be utilized by this operation. e. The Wattenberg Lakes special use permit boundary includes approximately 421 acres, of which 311 acres will be mined. There will be four mining phases. Mining will begin in Cell 1, as shown on Exhibit C of the DMG application materials, and then move to the south and west to Cells 2, 3 and 4. f The duration of the mining operation will be 8 to 12 years, depending on market demand. It is expected that the operator will excavate approximately 30 to 40 acres per year. This mining operation is intended to be a continuous operation with no significant cessation in mining. Please see Exhibit D of the DMG application materials for a more detailed discussion on the phasing of the project. g. The thickness of the sand and gravel deposit varies from 2 to 41 feet. The overburden and topsoil depth varies from 1 to 5 feet. h. The proposed use of the reclaimed land is for water storage and wetland mitigation. A full explanation of the reclamation process is described in Exhibit E and revisions to Exhibit E of the DMG application materials. i. The source of the technical advice for the water storage reservoir reclamation is Applegate Group, Inc. The U.S. Army Corps of Engineers and Applegate Group, Inc. and their subcontractors supplied information for the wetland mitigation. 3. A list of property owners within 500 feet of the Wattenberg Lakes permit boundary is provided on the cover sheet. The list includes names, addresses, and corresponding parcel identification numbers assigned by the Weld County Assessors Office. In addition, a list of names of owners of property within 500 feet of the permit boundary and an Affidavit of Interest Owners—Surface Estate, are attached. 4. A list of the names and addresses of mineral owners and lessees of minerals on or under the proposed mine site, as assigned by the Weld County Assessors Office, is attached along with an Affidavit of Interest Owners —Minerals and/or Subsurface. Aggregate Industries-WCR.Inc. Page 3 Wattenberg Lakes USR Permit Application 5. The following documents are enclosed: a. Reclamation plans, as submitted to the State of Colorado Division of Minerals and Geology(Exhibits E and F and revisions to Exhibits E and F). b. Information for obtaining water supplies for the mining operation is included in the DMG application materials, Exhibit G. c. Cross sections of drainage structures for access to county roads and the interior crossing of the Huett Ditch are shown on the attached Special Review Extraction Plan Map. d. The profile and typical cross section of interior haul roads is also included on the Special Review Extraction Plan Map. 6. This Use by Special Review application for a mining operation is consistent with the Weld County Comprehensive Plan. The Comprehensive plan allows for, and encourages, the extraction of sand and gravel deposits. CM. Goal 2 states that the county should promote the reasonable and orderly development of mineral resources. This application and the accompanying material clearly demonstrates compliance with this goal. All activities at the Wattenberg Lakes site will be guided by Mine Safety and Health Act (MSHA) and Occupational Safety and Health Act (OSHA) regulations. These requirements, along with the Weld County Comprehensive Plan, specifically CM. Goal 4 which states, "minimize hazardous conditions related to mining activities and the mining site", will minimize or eliminate the potential adverse impact of the operation on surrounding properties. The application is proposing setbacks, noise controls, dust controls and general site conditions that will help to comply with the goals and policies of the Comprehensive Plan. Reclamation activities will be concurrent with the mining operation to minimize the area of disturbance on the site as much as possible. Impacts to wildlife habitat will be minimized during the mining operation by avoiding the heavy stands of trees adjacent to the South Platte River, along the Huett Ditch, and between mining cells 1 and 4. In addition, the water storage reservoirs proposed for the final reclaimed land use and the wetland mitigation within the South Platte River riparian zone could promote additional wildlife use of the area. 7. The Wattenberg Lakes site is located in the A (Agricultural) Zone District and mining is listed as a use allowed by special review under Section 31.4.1 of the Weld County Zoning Ordinance. 8. The Wattenberg Lakes site has a limited amount of prime agricultural ground. A majority of the property lies within the 100-year floodplain of the South Platte River, which limits the agricultural productiveness of the site. The area within the floodplain has historically been used as pastureland and for commercial tree farming. The extent of wetland areas also limits agricultural production on the site. 9. The protection of the health, safety, and welfare of the neighborhood and Weld County inhabitants is being considered by the applicant. Possible fugitive dust emissions from the Aggregate Industries-WCR,Inc. Page 4 Wallenberg Lakes USR Permit Application site will be minimized by watering and re-vegetation activities. Noise levels will comply with the requirements of the Weld County Department of Public Health and Environment. Employees will access the site from only one direction. There will not be any haul truck traffic to or from the site. All material will be conveyored to an adjacent site for processing and shipping. Through measures taken by the applicant, along with the Conditions of Approval and Development Standards as established by the county through the permitting process, the consideration of health, safety and welfare of Weld County citizens will be protected. 10. Surrounding land uses are primarily agricultural in nature. Existing sand and gravel operations exist northeast, east, and south of the proposed opew tion. The unincorporated town of Wattenberg is located immediately to the north and the City of Brighton lies to the southeast. The South Platte River is located immediately east of the site. Compatibility with surrounding land uses will be assured by setbacks, noise limitations, and Conditions of Approval and Development Standards as established by the county. 11. Future development of the area is described as open space. This area is not within the boundaries of the Brighton Comprehensive Plan. Sand and gravel mining, and the reclamation plan that includes water storage and wetlands mitigation, is be consistent with the Weld County Comprehensive Plan. 12. The subject site is not located in a geologic hazard area or airport overlay district. However, the subject site does lie within a floodplain area. A flood hazard development permit will be submitted to adhere to all FEMA rules and regulations as described in Section 26 of the Weld County Zoning Ordinance. 13. Drinking water for employees at the site will be bottled water. 14. Please see the Addendum to Exhibit N in the attached DMG application materials for the legal instruments identifying the applicant's interest in the property under consideration. In addition, a Right-to-Enter statement is attached for those portions of the property owned by The City of Westminster. 15. A noise report is not included, but will be provided if deemed necessary by the Weld County Planning Department 16. Other information determined necessary by the Board of County Commissioners or the Department of Planning Services will be provided upon request. Sincerely, APPLEGATE GROUP, INC. Afttb2�^ William Schenderlein Project Engineer STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY ,�.. Department of Natural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 DIVISION C Phone.(303)866-3567 CONSTRUCTION MATERIALS MINERAL FAX.(3031832-8106 REGULAR(112)OPERATION �- RECLAMATION PERMIT APPLICATION FORM G E O L O G HECLAMATIO MINING•SAFET Bill Owens CHECK ONE: There is a File Number Already Assigned to this Operation Governor Greg E.Watcher Permit# M - (Please reference the file number currently assigned to this operation) Executive Director X Michael B.Long New Application(Rule 1.4.5) _Amendment Application(Rule 1.10) Division Director Conversion Application(Rule 1.11) Permit# M (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form; (2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one(1) comuhete signed and notarized IVORY ORIGINAL and four(4) copies of the completed ivory application form,five(5)copies of Exhibits A-S,Addendum I,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section (4)below. Exhibits should NOT be bound or in a 3-ring binder; maps should be folded to 8 1/2"X II"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,all information described below. I. Applicantloperator or company name(name to be used on permit): Aggregate Industries - WCR, Inc. 1.1 Type of organization(corporation,partnership,etc.): Corporation 1.2 I.R.S.Tax I.D.No.or Social Security Number: 84—0404340 2. Operation name(pit,mine or site name): Wat tenberg Lakes 3. Permitted acreage(new or existing she): 420.8 permitted acres 3.1 Change in acreage(+) — acres 3.2 Total acreage in Permit area 420.8 acres 4. Fees: 4.1 New Application 52,344.00 application fee 4.2 New Quarry Application $2,906.00 quarry application 4.4 Amendment Fee $1,938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,344.00 conversion fee 5. Primary commoditie(s)to be mined: Aggregate 5.1 Incidental commoditie(s)to be mined: I. n/a/ Ibs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/vr r-. 4. / lbs/Tons/vr 5. / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction materials 5.3 Anticipated end use of incidental commoditie(s)to be mined: n/a -2 - 6. Plameof owner of subsurface rights of affected land: refer to Exhibit 0 If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: refer to Exhibit 0 7.1 Names of the holders of any recorded easements on the affected land: refer t o Exhibit N 8. Tyne of minion operation: X Surface Underground 9. J oration informatbq: The wig of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): X 6th(Colorado) _ 10th(New Mexico) _ Ute SECTION(write number): S 25 TOWNSHIP(write number and check direction): T 1 X North South RANGE(write number and check direction): R 67 East X West QUARTERSECTION(check one): NE NW X SE SW QUARTER/QUARTER SECTION(check one): NE NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Approximately 1 mile northwest of Brighton — elevation 4940. 10. Primary future(Post-ninhrtl land use(check one): - Cropland(CR) — Pastureland(PL) — General Agrioulture(GA) - Rangeland(RL) Fmesbty(FR) Wildlife Habitat(WL) - Residential(RS) Recreation(RC) _ Industrial/Commercial(IC) X Developed WaterResomat(WR) — Solid Waste Disposai(WD) 11. Pitman present laud use(Check ouet: - Cropland(CR) R Paaturehmd(PL) _ General Agriculture(GA) — Rangd+md(RL) — Forestry(FR) _ Wildlife Habitat(WL) — >ial(RS) — Reaeation(RC) — Industrial/Cammercial(IC) — Developed Water Raoanea(WR) 12. Method of Minim: Briefly explain mining method(eg truck/shovel): Dry mining techniques using scrapers, front—end loaders & back hoes to remove aggregate. 13. On She Precentor: — Crashing/Screening 13.1 Briefly explain on-site processing: Processing will not occur on-site. Material will be conveyed to another site for processing. 13.2 List any designated chemicals or acid-producing materials to be used or stored within permit area: n/a R. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Patrick Ward Vice President Title: and General Rana e Company Name: Aggregate Industries Street: 3605 South Teller Street City: Lakewood State: CO Zip Code: 80235 Telephone Number: j 303 )_ 985-1070 Fax Number: f 303 )_ 716-5299 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Bill Schenderlein Title: Company Name: Tuttle Applegate, Inc. Street: 11990 Grant Street, Suite 304 City: Denver State:'' CO Zip Code: 80233 Telephone Number: f 303 )_ 452-6611 Fax Number: g 303 ) 452-2759 INSPECTION CONTACT Manager of Contact's Name: Jamie Gaboriau Title: Environmental Affairs Company Nam: Aggregate Industries Street: 3605 South Teller Street City: Lakewood State: CO 80235 Zip Code: TelephoneNumha: ( 303I_ 985-1070 Fax Number: j 303). 716-5299 CC: STATE OR FEDERAL LANDOWNER Cif any) n/a Agency: Street: City; State: Zip Code: Telephone Number. ( - CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number. 4 - 15. Description of Amendment or Conversion: n/a ^ If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Maas and Exhibits: Five(5)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the five(5)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and I.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands to include the location of any recorded easements EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Iafamation EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter,to include holders of any recorded easements EXHIBIT 0 Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined,to include holders of any recorded easements EXHIBIT P Municipalities Within Two Miles EXHIBIT.Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT It Proof of Filing with Comity Clerk or Recorder EJGIIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 63 and Rule 1.6.2(1)(b)of the Rides and Regulations. If you have any questions on preparing the Exhibits or content of the information required,or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. - 5 - Responsibilities as a Permittee:r Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requiremerns which you, as a permittee, should filly understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. .E- 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; ' � L� 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the perntittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; ( . Cu 3. If your mining and reclamation o boundary Aerations affect areas beyond the boundaries of an approved permit substantial civil penalties, to you as permittee can result; U3 4. Any modification to the approved mining and reclamation plan from those described approved application requires you to submit a permit modification and obtain approval from the Board t `) or Office; 5. It is your responsibility to notify the Office of any changes in your address or Ia.), phone number; `� V 6. Upon permit issuance and prior to beginning on-site mining activity, i at the entrance of the mine site, which shall be clearly visible from the access road,iwith the st post a sfollowing information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board;and, c. the permit number. ' _Lj 7. The boundaries of the \ that are clearly visible and adequate to elt �eate such boundary area must ries anmes priedor by site i e disturbance.onuments or other markers L`-' 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. l - 6 - I a_�, 3 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the pennittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. NOTE TO CONTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. Certification: • As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.RS.). 2. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4)(0 C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.RS.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. Signed and dated this 025 day oft timiAt LL6 , ?-6101 . Aggregate Industries If Corporation Attest(Seal) Applicant/Operator or Company Name Signed: l rtJ' 2_ cl)cnlljt9k?c..a____. Signed: ` 1 I 4'e/wit' 4ss(Corporate SecnKary or Equivalent Title: �Jrc.€ f�t�.a 4/� 9 Town/City/County Clerk State of L/fLQi i ) County of /4 sX_faxJ )ss The fTgoing instrument was acknowledged lief /r�this asty day of e o o f by c i, ie-Cede pc as jai aaexte r of awe- , eh...at/S. o/ 1PAY •.., ar .. BAIMAR.SP` }J�t -) CcCc64nl�,c"-- O R Notary Public My Commission expires: C 1.020, 2w %.1.,.4.Op COc SIGNATURES MUST BE IN BLUE INK I EXHIBIT A Legal Description A tract of land located in portions of Sections 25 and 36, Township 1 North, Range 67 West and Section 30, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado as described in the attached description. The proposed permit boundary includes approximately 421 acres. Wattenberg Lakes DMG 112 Permit Page 1 WATTENBERG Legal Description prepared for Camas Colorado from surveys prepared by others and Epp & Associates, Inc. Those prepared by others have not been field verified. A tract of land located in portions of Section 25, 30 and 36, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Beginning at the center of said Section 25, said point being the northwest corner of the southeast quarter of said Section 25 ; thence along the East - West centerline of said Section 25, North 89026'39" East 1166.74 feet; thence North 01051'01" West 968. 66 feet; thence South 89045'40" East 238.62 feet; thence North 86009'42" East 200.29 feet; thence South 80023'13" East 154. 12 feet; thence North 60001'37" East 31. 12 feet; thence North 43e20'26" East 107. 88 feet; thence North 33029'32" East 70.27 feet; thence North 89030'40" East 2177.45 feet to the East line of the southwest quarter of the northwest quarter of said Section 30; thence South 00033'07" East 1097. 67 feet along said East line of said southwest quarter of the northwest quarter to the North line of the southwest quarter of said Section 30; thence South 89025'40" West 600.24 feet along said North line of the southwest quarter of said Section 30; thence South 00033'23" East 2651.42 feet to the South line of the southwest quarter of said Section 30; thence South 89016'13" West 790.38 feet along the South line of the southwest quarter of said Section 30 to the southeast corner of said Section 25; thence South 89e33'35" West 1318.86 feet along the South line of the southeast quarter of said Section 25 to the northeast corner of the northwest quarter of the northeast quarter of said Section 36; thence along the East and South lines of the northwest quarter of the northeast quarter of said Section 36 the following courses: 1. South 00034 '32" East 1317.38 feet; 2. South 89034'13" West 1319.31 feet to the southeast corner of the northeast quarter of the northwest quarter of said Section 36; thence South 89044'29" West 1291.99 feet along the South line of the northeast quarter of the northwest quarter of said Section 36; thence North 28017'37" East 225.34 feet; thence North 13030'48"East 139.09 feet; thence North 27057'29" West 125.99 feet; thence North 67048'29" West 122.36 feet; thence North 00027'49" West 72.46 feet; thence North 89058'46" East 137.20 feet; thence North 38002'39" West 164.39 feet; thence North 28047'39" West 77.84 feet to the West line of the northeast quarter of the northwest quarter of said Section 36; • thence North 00027 '49" West 553.75 feet along said West line of the northeast quarter of the northwest quarter of said Section 36 to the northwest corner of the northeast quarter of the northwest quarter of said Section 36; thence North 89035'14" East 1318.78 feet along the North line of said northeast quarter of the northwest quarter of said Section 36 to the southwest corner of the southeast quarter of said Section 25; thence North 36057 '21" West 162.01 feet; thence North 46016'43" West 220.88 feet; thence North 53026'13" West 216.90 feet; thence North 63037 '31" West 158.51 feet; thence North 11039'08" West 112.53 feet; thence North 05022 '57" West 59.40 feet; thence North 76014 ' 10" West 185. 65 feet; thence North 77047'35" West 173.13 feet; thence North 03050'54" West 137.39 feet; thence North 84032'57" West 397.07 feet to the West line of the East half of the southwest quarter of said Section 25; thence North 00026'32" West 1737.35 feet along the West line of said East half of the southwest quarter of said Section 25 to the northwest corner of said East half of the southwest quarter of said Section 25; thence North 89e54'08" East 548.31 feet along the North line of the East half of the southwest quarter of said Section 25; thence South 00038 '08" West 223.68 feet; thence North 89054 '08" East 208.69 feet; thence North 00038 '08" East 223.68 feet to the North line of the East half of the southwest quarter of said Section 25; thence North 89054 '08" East 561.06 feet along the North line of the East half of the southwest quarter of said Section 25 to the point of beginning, hzlvihq' an area of 420.834 Acres BASIS OF BEARING Bearings are based on the West line of the southeast quarter of Section 25, Township 1 North, Range 67 West of the 6th P.M. which is considered to bear South 01°06'11" East. A 2 inch alloy capped monument by PLS No. 23027 being found at the points of termination of said line. EXHIBIT B Vicinity Map See attached map. Wattenberg Lakes DMG 1)2 Permit Page 2 EXHIBIT C Pre-Mining/Mining Plan Map See attached map. Wattenberg Lakest DMG 112 Permit Page 3 EXHIBIT D Mining Plan Aggregate Industries proposes to mine the Wattenberg Lakes property located in Weld County, Colorado. The community of Wattenberg lies just north of the property. The majority of the site is immediately west of the South Platte River between Weld County Road (WCR) 2 and WCR 6. Although a small northeastern section of the property straddles the South Platte River, the mining operation will not disturb the river. Sand and gravel will be the primary product produced from the Wattenberg Lakes site. The principal intended use for the sand and gravel is for construction aggregates. Permitted mining operations are immediately north of the proposed site, north of WCR 6, and south of WCR 2. An additional permitted mining operation is adjacent to the property east of the South Platte River. The dominant non-mining land use surrounding the property is agriculture. Borehole drilling and testing has verified that the Wattenberg Lakes property contains a significant commercial deposit of sand and gravel. The depth of the soil and overburden ranges from less than 1 foot to 5 feet and averages approximately 2.8 feet over the entire site. The volume of overburden removed is expected to total 1.4 million cubic yards. The depth of the aggregate material ranges from 2 feet to 41 feet and averages approximately 24 feet. The permit boundary will encompass approximately 421 acres with 311 acres being mined. The remaining area will consist of setbacks, road and utility right-of-ways, and undisturbed wetland areas. The Huett Ditch flows across the site from south to north near the eastern side of the permit boundary. With the exception of a temporary conveyor and access crossing, this ditch will not be disturbed by the mining operation. Aggregate Industries will maintain a 50-foot minimum setback from the Huett Ditch and, in general, a 200-foot minimum setback from the South Platte River. Mining may progress to within 100 feet of the South Platte River during low flow periods, but the mined areas will be backfilled prior to April 1St to maintain the 200-foot setback during potential high flow periods (April lst through October 1St). A 50-foot minimum setback will be maintained from the proposed permit boundary and county roads. Roads, fences, water wells and associated pumps, and other structures located within the proposed permit boundary may be removed during the mining process. The applicant owns these items potentially being removed. Mine Phasing Aggregate Industries anticipates mining and reclaiming the Wattenberg Lakes site in approximately 8.5 years. However, the rate of mining and overall life of the mine is dependent on several factors including product demand. Since approximately 311 acres will eventually be mined on the site, mining in phases will limit the area of disturbance at any one time (see the Pre-Mining/Mining Plan Map, Exhibit C). The Wattenberg Lakes site will be mined in four phases, with each of the phases being directly Wattenberg Lakes DMG 112 Permit Page 4 related to each of four cells being mined. The following is the approximate acreage and time for mining each phase: Mining Mining Area Time for Mining Phase Cell (acres) (years) I 1 15.5 0.5 II 2 208.9 5.5 III 3 62.3 2.0 IV 4 24.2 0.5 TOTAL 310.9 8.5 Mining Cell 1 will be mined first during Phase I. It is anticipated that all overburden from Cell 1 will be placed back in the mined out cell. Cell 1 will also receive overburden and bedrock material from the mining of Cells 2 and 3 during Phase II and Phase III. Mine Cell 4 will be mined last during Phase IV. Upon completion, portions of this cell may be used as a sediment basin for process fines produced at an adjacent mining operation (Permit Number M-89-120). As illustrated on the Pre-Mining/Mining Plan Map (Exhibit C), Phase I and Phase IV will be mined from north to south. Phase II will be mined in a general counterclockwise direction and Phase III will be mined from the northeast to the southwest. Mining Methods The deposit will be dry mined through the installation of slurry walls and the use of dewatering trenches and pumps. Slurry walls will be constructed around the perimeter of Mining Cell 2 and Mining Cell 3 prior to mining operations. Design specifications for the slurry wall and quality control procedures used during construction will ensure that the reservoirs meet State Engineer's Office (SEO) performance standards. Dewatering trenches and pumps will be used to dewater the deposit enclosed within the slurry walls prior to mining below the water table. Mining Cell 1 and Mining Cell 4 will be dewatered during mining operations through the use of dewatering trenches and pumps. Dewatering trenches will be excavated around the perimeter of each cell prior to mining and pumps will be used to remove the water that drains from the deposit and surrounding alluvium into the trench. If necessary, water from the trenches will be circulated through a settling basin prior to it being discharged to the South Platte River. When the alluvium is sufficiently dewatered, the aggregate material will be recovered using equipment and facilities typical for sand and gravel mining operations. The equipment and facilities may include, but are not limited to the following: Processing Equipment No processing equipment will be used at the site. Earth Moving Equipment Dozers, loaders, scrapers, excavators, and compactors will be used for mining and earth moving operations. Field conveyors will be used as needed for mining operations. Wallenberg Lakes DMG 111 Permit Page.5 Miscellaneous An employee/storage trailer and fueling/lubricating station will be located on-site. Dewatering pumps and generators and watering trucks will be used as needed. As mining progresses, topsoil and overburden will be stripped with scrapers to expose the aggregate product below. All soil and overburden material will be used on-site for reclamation so long-term stockpiling of these materials is not anticipated. If overburden stockpiles are necessary, they will be located within the proposed mining cells and placed so that they do not impede potential floodwaters. Mining of the aggregate will progress down to the underlying claystone bedrock. The bedrock material is rippable and, when necessary, will be excavated and used for reclamation. However, since reclamation will occur concurrently with mining, it is not anticipated that bedrock material will be stockpiled long-term prior to use. The active mining face will extend no more than 1000 feet in length. During mining and prior to reclamation, the cell walls will be a nearly vertical to %2H:I V slope. The aggregate material will be temporarily stockpiled or placed directly onto a conveyor system for transport. The conveyor system will transport the material to be processed at an existing DMG permitted mining site (Permit Number M-89-120) immediately east of the property. The conveyor will cross the South Platte River within the permit boundary before entering the adjacent mining site as illustrated on the Pre-Mining/Mining Plan Map (Exhibit C). During most of the mining operation, process fines produced at the permitted mine site east of Wattenberg Lakes will remain on that site (Permit Number M-89-120). However, as aggregate material is excavated from Cell 4 during Phase IV, it is anticipated that the mined out portion of the cell will be partitioned for use as a sediment basin and will receive process fines from the adjacent site. During Phase I, Cell 1 will be backfilled with its own overburden as mining progresses. The backfilling of Cell I will likely continue during Phase II. In Phase II and Phase III, the side slopes for the reservoirs will be constructed as the mining cells are excavated. Although the interior cell wall will remain disturbed until the cell is mined out, the exterior walls of the cell will be backfilled, graded to a 3H:I V slope, and seeded as mining progresses. The area along the exterior cell wall where backfilling and grading has been started, but has not yet been completed, will be no greater than 1000 feet in length. Once backfilling and grading has been completed in an area, the top of the slope and the side slopes above the anticipated reservoir water level will be seeded as soon as practicable (based on first available seeding season). In order to gain an understanding of the extent of the mining operation, it is helpful to know the acres disturbed by different aspects of the mining operation. Each aspect is listed in the following table with associated disturbed area. The table illustrates a point in time where the mining disturbance will be at its maximum. This occurs during the mining in Phase II. The mining disturbance will be at its greatest when the northern section of Cell 2 has been mined and mining is progressing through the western half of the cell. At this time, Cell 1 will be partially backfilled. Although reclamation along the exterior cell walls of Cell 2 will be in progress, the interior cell wall in the east/west direction will be at its greatest length. Watt en berg Lakes DMG 1)2 Permit Page 6 Disturbed Area Aspect Mining Operation (acres) A Stripped overburden and topsoil in anticipation of mining 30 B Active mining face with 1/2H:1 V slope, 1000 ft x 30 ft 0.7 C Interior cell wall with 1/2H:1V slope, 4000 ft x 30 ft 2.8 D Exterior cell wall being backfilled and graded to 3H:1 V side slopes, 1000 ft x 85 ft 2.0 E Top of slope and side slope above reservoir water level to be seeded, 2500ftx60ft 3.4 F Slurry Wall for Cell 3 and Cell 4, 5 feet wide x 18,300 feet 2.1 G Cell 1 and Cell 2 dewatering trenches, 3100 feet 0.4 H Cell 1 backfilling 15.5 I Roads and conveyors 1.0 J Top soil and overburden stockpiles 3.5 K Employee facilities and maintenance station 0.5 TOTAL DISTURBED AREA 61.9 Wattenberg Lakes DMG 111 Permit Page 7 EXHIBIT E Reclamation Plan Water storage will be the final reclaimed use for the Wattenberg Lakes site. In this area of Weld County, mining and water storage are a predominant land use along the South Platte River. Therefore, the proposed post mining use is compatible with surrounding land uses. Mining cells 2 and 3 will be reclaimed as water storage reservoirs with a storage capacity of 5000 to 7000 acre-ft. The remaining area within the proposed permit boundary will consist of reservoir shoreline, backfilled/wetland mitigation areas, access roads, and reclaimed or otherwise undisturbed land. The approximate acreage of each of these areas is: Final Land Use Area (acres) Reservoir 271 Shoreline 1 Backfilled/wetland replacement areas 40 Access roads 1 Reclaimed or undisturbed land 108 TOTAL 421 Some roads inside the proposed permit boundary will remain for accessing and maintaining the reservoirs, wetland mitigation areas, and oil wells. The existing vehicle access road over the Huett Seepage Ditch will remain. An unimproved road around both reservoirs will also remain. Conveyor systems and bridges will be removed from site during final reclamation activities. Roads not necessary for future access and other disturbed areas associated with the conveyor system will be reclaimed with vegetative cover to stabilize the soil and minimize erosion. Portions or all of the concrete anchors used for the conveyor bridge over the South Platte River may remain in place following reclamation. Any portions of the anchors left in place will be below the existing ground level. Water Storage Reservoirs In general, the mining cells will be mined to the claystone bedrock. The relatively impermeable bedrock will makeup the bottom of the reservoirs in cells 2 and 3. The reservoirs will also be separated from the surrounding alluvial aquifer by a slurry wall installed prior to mining. The slurry wall will be keyed into the bedrock material and extend upward through the entire length of the saturated alluvium. Design specifications and quality control procedures used during construction of the slurry wall will ensure that the reservoirs meet State Engineer's Office (SEO) performance standards for permeability. During reclamation activities, the slurry wall will be monitored for compliance with the SEO performance standard. All reservoir slopes left by the mining operation will be reclaimed to at least 3H:1 V final grade. Reclamation of the exterior cell walls will be concurrent with mining, with reclamation activities following approximately 1,000 feet behind the mining operation. Since reclamation will be Wollenberg Lakes DMG/12 Permit Page 8 concurrent with mining, most soil, overburden, and bedrock material excavated during mining will be used almost immediately. Scrapers will be used to place bedrock claystone and overburden material along the reservoir perimeters to achieve the final grade. Upon placing the backfill material, 95 percent compaction will be achieved to fix the slopes securely. Final reclamation by capping with topsoil and revegetating above the expected reservoir water level will follow backfilling operations closely to minimize the amount of disturbance at any one time. Replacement Wetlands Cells 1 and 4 will be backfilled to create replacement wetlands. Reclamation will begin as Cell 1 is mined. The overburden from Cell 1 will be used immediately to backfill the mined portion. As mining progresses, additional excavated overburden and bedrock claystone material from Cell 2 will be used to backfill Cell 1. Finally, topsoil will be used to cap the mining cell and provide a growing medium for wetland plants. Depending on groundwater elevations, the final surface elevation of the backfilled cell may be below the existing and surrounding ground elevation. Any slopes remaining will be reclaimed to a minimum 3H:1 V grade. It is possible that, once mining in Cell 4 is complete, the cell will be used as a sediment basin for process fines generated from a processing plant located east of the proposed permit boundary (existing DMG Permit Number M-89-120). If the accumulated silts do not sufficiently fill the cell for replacement wetland needs, additional bedrock claystone and overburden material will be used to complete the backfilling. Similar to Cell 1, the backfilled cell may be below the surrounding ground elevation, but any slopes remaining will be reclaimed to a minimum 3H:1 V grade. Reclamation Measures/Materials Handling The mining will create the rough topography for the two lakeshores and the replacement wetlands (see Reclamation Plan Map, Exhibit F). The backfilling will be done to provide stabilized shorelines around the reservoirs and to minimize erosion. The backfill material will consist of native bedrock claystone, overburden, and topsoil. There will not be known toxic or hazardous materials in the backfill material. Additionally, it is not likely that acid forming or toxic materials will be encountered during mining. The mining will not leave highwalls on the property. There will be no auger holes, adits, or shafts left on the property. Topsoiling The top two to six inches of soil on the property is classified as topsoil. This layer includes the root zone of grasses and crops, which will be stripped and stockpiled separately. By using concurrent reclamation techniques, the topsoil is not expected to remain in stockpiles for more than one to two years. If the stockpile remains more than one growing season, it will be seeded with a fast growing vegetative cover to prevent erosion. All topsoil will be retained on-site to reclaim the reservoir shoreline, replacement wetlands, and other areas disturbed by mining Wallenberg Lakes DMG 112 Permit Page 9 activities. Where required, topsoil will be replaced to a depth of approximately four to six inches. When necessary, stripped topsoil will be stockpiled parallel to potential flood flows to reduce the risk of inhibiting the flow. Throughout the mining phases, the amount of topsoil stockpiled will be limited by continuously using it to cap backfilled areas. Revegetation As mining operations are completed, areas for reclamation will be graded and shaped for revegetation. Runoff or excess water from adjacent areas will not be allowed to flow over slopes being graded and seeded. If needed, berms will be constructed to divert excess water and dispose of it in a safe and non-erosive manner. Upland Areas. For disturbed upland areas, the reclamation plan includes revegetating with appropriate seed mixes to minimize erosion and reestablish natural terrain. The grass mixture below was selected to be long lasting and regenerating. The ground will be fine graded prior to seeding and fertilizers will be applied according to recommendations from the Soil Conservation Services. Reservoir side slopes below the anticipated reservoir water level will not be seeded. Based on the soils in the area, the following upland seed mixture is recommended: Area Cover Application Rate* Upland Grass Seed (%) (#PLS/acre) Vaughn Side Oats Grama 30% 1.35#PLS/ac. Grenville Switchgrass 20% 0.5 #PLS/ac Lovington Blue Grama 20% 0.3 #PLS/ac Barton Western Wheatgrass 30% 2.4#PLS/ac Application rate is for drilling the seed. If seed is to be broadcast, the application rate will be doubled. Upland grass seed will be planted with a drill equipped with depth bands and press wheels. The seeded areas will then be covered with straw mulch at a rate of 2,000 pounds per acre. The straw will be crimped into the soil to control erosion until the grass becomes established. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Replacement Wetlands. The replacement wetland areas will be planted and seeded with native wetland plants. A detailed revegetation plan for the wetland areas is available in the Clean Water Act Section 404 permit application for the Wattenberg Lakes site submitted to the Army Corps of Engineers. Wattenberg Lakes DMG 112 Permit Page 10 Water—General Requirement To minimize the effect on the prevailing hydrologic balance, the operator shall: a. comply with all applicable Colorado water laws, b. comply with all applicable Federal and State water quality laws and regulations, c. comply with all Federal and State requirements for dredge and fill, and d. regrade all sediment and siltation structures after mining is completed unless such structures are to be used for wetlands mitigation. Groundwater— Specific Requirements The operation will not affect groundwater quality on or off the site. The operation will comply with State groundwater quality standards. Due to the absence of sources of potential pollutants, groundwater quality monitoring is not required in this operation. Wildlife The proposed reclamation plan does not propose to create wildlife habitat. All activities will be planned considering the safety and protection of wildlife on the property. Some species may be temporarily displaced by the mining activities, but these species are expected to re-establish with no difficulty after the reclamation has been completed. The creation of the lakes and replacement wetlands may create additional opportunities for aquatic birds, mammals, and fish. Wattenberg Lakes DMG 112 Permit Page 11 EXHIBIT F Reclamation Plan Map See attached map. Wallenberg Lakes DMG 112 Permit Page 12 EXHIBIT G Water Information The Wattenberg Lakes site is located in Weld County between the Brighton Ditch and the west bank of the South Platte River, just south of the Town of Wattenberg. The consumptive use of groundwater from proposed mining activities will only have a minor impact on the South Platte River. The impacts can be mitigated without injury to senior water rights. The Pre-Mining/Mining Plan Map (Exhibit C) illustrates water resources on the site. The South Platte River runs along the eastern border and through the northeastern corner of the site while the Brighton Ditch is located along the western boundary of the site. The proposed mining activities will not impact the Brighton Ditch. The Huett Seepage Ditch flows from south to north through the eastern half of the site. With the exception of a temporary conveyor and access crossing, this ditch will not be disturbed by the mining operation. The site does not contain any other active irrigation structures that convey water outside of the site boundary. Mining of the Wattenberg Lakes site will occur in four mining cells and last approximately 8.5 years. Reclamation will occur concurrent with mining operations. Reclamation of the site will include the construction of two lined reservoirs with a combined surface area of approximately 271 acres. The deposit will be dry mined through the installation of slurry walls and the use of dewatering trenches and pumps. Slurry walls will be constructed around the perimeter of Cell 2 and Cell 3 prior to mining operations. Design specifications for the slurry wall and quality control procedures used during construction will ensure that the reservoirs meet State Engineer's Office (SEO) performance standards. Dewatering trenches and pumps will be used to dewater the deposit enclosed within the slurry walls prior to mining below the water table. Mining Cell 1 and Mining Cell 4 will be dewatered during mining operations through the use of dewatering trenches and pumps. Dewatering trenches will be excavated around the perimeter of each cell prior to mining and pumps will be used to remove the water that drains from the deposit and surrounding alluvium into the trench.. If necessary, water from the trenches will be circulated through a settling basin prior to it being discharged to the South Platte River. As each of the four cells are dry mined, groundwater will be exposed in dewatering trenches and collection basins. Groundwater and storm water will flow along trenches by gravity to the collection basins. Prior to discharge into the South Platte River, the collected groundwater and/or storm water will be evaluated for the presence of contaminants. The excavated material will not be processed on-site. Once material is recovered, it will be conveyed across the South Platte River to an existing DMG permitted sand and gravel mining operation for processing (DMG Permit Number M-89-120). The mining operation will impact groundwater systems hydrologically connected to the South Platte River. The depth to groundwater ranges from approximately zero to 10 feet across the proposed site and, therefore, the operation will extract sand and gravel deposits from the South Wallenberg Lakes DMG 112 Permit Page 13 Platte River alluvial aquifer. This unconfined alluvial aquifer rests on top of the outcropping Arapahoe formation. Water below the property within this portion of the Arapahoe is considered not non-tributary. The Laramie-Fox Hills aquifer lies below the Arapahoe aquifer. Water below the property within this portion of the Laramie-Fox Hills is non-tributary. As delineated on FIRM panels 995 and 983C from September 28, 1982, the entire site except for a portion of the northwest corner and a small peninsula midway along the western boundary is located within the South Platte River 100-year flood plain. All work performed in the floodplain will conform to the Weld County Flood Hazard Regulations. Water Requirements The annual consumptive use for this site is estimated at 57.00 acre-feet. Consumptive uses result from evaporative losses and operational losses. Evaporative losses are dependent on exposed water surface area, which includes settling ponds, dewatering trenches, and collection basins. Operational losses include water used for dust control and water retained in product transported off site. The annual evaporative loss is estimated at 10.60 acre-feet. Total annual evaporative loss is the product of net annual evaporation and total exposed groundwater surface. Net annual evaporation is the difference between gross annual evaporation and effective annual precipitation. The NOAA Technical Report NWS 33, Evaporation Atlas for the Contig uous guous 48 United States (U.S. Department of Commerce) was used to determine gross annual evaporation. For this location, gross annual evaporation was estimated at 42 inches. The Colorado Climate Center climatic data for Brighton, Station 50950, was used to estimate annual precipitation. For this station, average annual precipitation was reported as 14.55 inches. Effective annual precipitation was assumed to be 70% of average annual precipitation and was calculated to be 10.19 inches. The net annual evaporation for this site is 31.81 inches or 2.65 feet. The annual operational loss is estimated at 46.4 acre-feet. The moisture content of the material transported off the site was assumed to be 4 percent by weight. The annual amount of mined product for the pit is estimated at 1.5 million tons. This results in 44.2 acre-feet of water retained in the amount of product mined annually. Dust control is required for internal haul roads and stockpiles. To manage dust, a 3,000-gallon water truck was assumed to spray its entire load each day, Monday through Saturday, for nine months out of a year. This assumption results in a consumptive use for dust control of 2.2 acre-feet per year. The estimated total annual consumptive use associated with the mining operation is summarized as follows: Consumptive Use Annual Water Loss (acre-ft) Evaporation 10.60 Moisture Retained in Product 44.20 Dust Control 2.20 Total 57.00 Wattenberg Lakes DMG 112 Permit Page 14 Reclamation of this site will occur concurrently with mining. Of the four mining cells, Cell 1 and Cell 4 will be backfilled and Cell 2 and Cell 3 will be used for water storage. Since Cells 1 and 4 will be backfilled and Cells 2 and 3 will be hydrologically disconnected from the alluvial aquifer, no long-term use of groundwater will result from reclamation. Sources of Water The following sources of replacement water can be utilized: • 4/6 share of the Brighton Ditch • One share of the New Brantner Ditch • 1999 Lease of fully consumable effluent from the City of Westminster The replacement of consumptive uses will be accounted for in a Substitute Water Supply Plan (SWSP) that is administered by the State Engineer. As a component of the SWSP, the operator will provide the necessary water rights to mitigate all consumptive water uses during mining. The Office of the State Engineer has allowed the applicant to combine multiple sites into one combined SWSP. This combined SWSP offers the State Engineer a more efficient method of administering multiple sites along a related reach of the South Platte River, and allows the applicant to use replacement sources more efficiently and effectively. As a result, the applicant will include the sources identified above in the combined SWSP. A copy of the approved SWSP will be submitted to the DMG when it is received. The reclamation plan will not require a court approved water augmentation plan since it will not be creating a new groundwater use. Surrounding Water Rights Exhibit G-1 shows the permitted and/or adjudicated water rights within V2 mile of the Wattenberg Lakes site. A well permit database search and water rights tabulation, obtained from the State Engineer's Office, were used to locate the surrounding water rights and wells identified on Exhibit G-1. Although there may be other wells in the area, they are not registered and permitted with The State Engineer's Office. The results of the well permit database search and water rights tabulation are included in Exhibit G-2. As required by the State Engineer's Office, a gravel pit well permit will be obtained. If dewatering the Wattenberg Lakes site creates injuries to surrounding wells, Aggregate Industries will take all necessary actions to remedy the injuries. Water Quality An application for a CDPS Permit will be submitted to the Colorado Department of Public Health and Environment for the Wattenberg Lakes site. This permit will be obtained before the mining operations discharge groundwater into the South Platte River. Wattenberg Lakes DMG 112 Permit Page 15 EXHIBIT H Wildlife Information To evaluate potential wildlife habitat impacts from the proposed operation, information was gathered from the Natural Diversity Information Source (NDIS). The NDIS combines plant and animal abundance data from the Colorado Division of Wildlife (DOW) and other Colorado natural resource agencies to be used for land-use analyses and decisions. The DOW was also contacted directly and comments were received during Clean Water Act Section 404 permitting meetings. There are no known threatened/endangered species within the proposed project boundary. The only exception could be wintering or year-round roosting/feeding bald eagles. However, there are no known nest sites within the proposed project boundary. The proposed Wattenberg Lakes site is a working ranch used primarily for livestock grazing with some areas cultivated for tree production and other crops. The site also contains a mixture of open water, riparian, wetland, and upland habitats consisting of native vegetation. Cattail marsh, wet meadow, and stands of willow and mature cottonwoods are all found on the proposed site. Wildlife known to be common or abundant in Weld County, and which might occur within or near the proposed project site, include a variety of amphibians, reptiles, birds, and mammals. Frogs, toads, salamanders, lizards, and snakes would all be expected to inhabit areas similar to those found within or near the proposed site. Common species could include the bullfrog, plains spadefoot toad, tiger salamander, plains garter snake, and fence lizard. Many birds may use habitats similar to those found at the proposed Wattenberg Lakes site, either year-round, seasonally for nesting, or temporarily for roosting during migration. Some of the common or abundant species could include robins, starlings, grackles, magpies, blackbirds, cowbirds, orioles, finches, sparrows, swallows, wrens, yellowthroats, larks, kingbirds, and doves. Burrowing owls have previously been observed on portions of the site during the summer months. Mining in these areas will be limited or excluded during this time of the year to minimize conflicts with the owls. Because of the abundant wetland and open water habitat within and near the proposed project site, shore birds and waterfowl such as killdeer, herons, gulls, pelicans, ducks, Canadian geese, and grebes might also be present. It could be expected that most mammals common or abundant in Weld County would be found near or within the proposed Wattenberg Lakes site. Smaller mammals that might be found at the proposed project site might include bats, mice, voles, gophers, cottontail rabbits, squirrels, muskrats, raccoons, and skunks. Although several species of mice may occur within the proposed project boundary, suitable habit for the endangered Prebles Meadow Jumping Mouse was not found. Some of the larger mammals could include both mule and white tailed deer, coyote, and fox. Wattenberg Lakes DMG 112 Permit Page 16 The mining operation may disturb some of the wildlife within the proposed site boundary and adjacent area. However, mining activities will be confined to specific areas and reclamation will be performed concurrent with mining to limit the total disturbed acreage at any one time. This will help limit the disturbance to wildlife in the area. Wallenberg Lakes DMG 112 Permit Page 17 EXHIBIT I Soils Information According to the Soil Survey of Weld County, Colorado, Southern Part (United States Department of Agriculture, Soil Conservation Service, September 1980), there are three major soil types within the proposed project site: 1. Altvan loam, 2. Aquolls and Aquants, and 3. Dacono clay The location of these soil types is illustrated on the attached map. Altavan loam The Altavan loam soil type is present within the proposed project site at 0 to 1 percent slopes and 1 to 3 percent slopes. They are deep, level and nearly level, well-drained terrace soils formed in alluvium. Permeability and available water capacity are moderate. For the lower sloping areas, surface runoff is slow, and the erosion hazard is low. In areas with steeper slopes, surface runoff is medium, but the erosion hazard is still low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, but the high clay content and rapidly permeable substratum slightly restrict some crops. The potential is only fair to good for urban and recreational development. The main limitations are the shrink swell, potential of the subsoil as it wets and dries and the rapid permeability of the sand and gravel substratum. The soil can produce habitat elements that are highly suitable for openland wildlife including pheasant, cottontail, and mourning dove. Plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Aquolls and Aquants, gravelly substratum The Aquolls and Aquants are deep, level and nearly level, poorly drained soils formed in alluvium. Located on flood plains along major streams throughout the area, this soil type is found in areas that are subject to flooding. It is also the most dominant soil type within the proposed project site. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall. Areas containing these soils are used mainly for rangeland and wildlife habitat. The potential is good for development of wetland wildlife habitat and also as a source of sand and gravel. Wetness and the hazard of flooding are the main limitations in farming and for most other purposes. Wattenberg Lakes DMG/l2 Permit Page/8 Dacono clay The Dacono clay soil type is present within the proposed project site at 0 to 1 percent slopes and 1 to 3 percent slopes. They are deep, level and nearly level, well-drained terrace soils formed in alluvium. Permeability is moderately slow and available water capacity moderate. For the lower sloping areas, surface runoff is slow, and the erosion hazard is low. In areas with steeper slopes, surface runoff is medium, but the erosion hazard is still low. This soil type is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, but the high clay content and rapidly permeable substratum slightly restrict some crops. The soil is only fair to good for urban and recreational development. The moderate to high shrink-swell potential, low strength, and moderately slow permeability create problems in dwelling and road construction. The soil can produce habitat elements that are highly suitable for openland wildlife including pheasant, cottontail, and mourning dove. Plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Watt en berg Lakes DMG 112 Permit Page 19 EXHIBIT J Vegetation Information Vegetation information was gathered from the Soil Survey of Weld County, Colorado, Southern Part (United States Department of Agriculture, Soil Conservation Service, September 1980), and the Wetland Delineation Report prepared for the proposed site by ERO Resources Corp. The proposed site is a working ranch used primarily for livestock grazing with some areas cultivated for tree production and other crops. Native grasses including wheatgrasses, switchgrass, blue grama, and buffalograss tend to dominate soils found in upland areas. Trees best suited for these upland soils include Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunk brush sumac, lilac, Siberian peashrub, and American plum. Several delineated jurisdictional wetlands occur on the site and include areas in or along the South Platte River floodplain, Huett Ditch, Lupton Slough, and Burlington Ditch. Terraces bordering the South Platte River floodplain contain cottonwood forests with a grassy and mixed- forb understory characterized by wetland herbaceous and shrub species. Sandbars on the west side of the river contain sandbar willow and plantain in wetland areas. On the upper terrace on the east side of the river a large portion of wetland area is dominated by prairie cordgrass, with curly dock, poison hemlock, showy milkweed, reed canary-grass, Baltic rush, and stands of sandbar willow also being present. Where standing water occurs along th.e Huett Ditch, cattails and other wetland species dominate. Along the channel, patches of sandbar willow mixed with peachleaf willow, plains cottonwood, and Russian olive occur. Russian olive and plains cottonwood are scattered on the terrace above the channel where the herbaceous layer is dominated by saltgrass. Several wetland areas within the proposed project site, including the Lupton Slough, are dominated by broadleaf cattails. The cattail areas are bordered by other wetland species including threesquare bulrush and Emory's sedge, which eventually give way to saltgrass, the dominant species surrounding the slough. Trees and shrubs such as plains cottonwood, Russian olive, peachleaf willow, and sandbar willow also border the cattail areas within the slough. In the southwest corner of the proposed project site, wetlands occur at the base of the Brighton Ditch embankment. Vegetation in this area is dominated by sandbar willow, reed canary-grass, and Baltic rush. Wattenberg Lakes DMG 112 Permit Page 20 EXHIBIT K Climate Climate information was available for the Brighton weather station from the Colorado Climate Center(sponsored by Colorado State University). The climate data collected from 1973 through 1997 indicates the total annual precipitation at the site to be approximately 14.55 inches per year and annual mean temperature to be approximately 46 degrees Fahrenheit. Monthly average temperature and precipitation data for the 25-year period of record are provided in the following table. Average Monthly Average Monthly Temperature (°F) Precipitation Maximum Minimum (inches) January 41.9 13.6 0.48 February 47.3 18.6 0.41 March 55.4 25.7 1.26 April 63.5 33.3 1.56 May 72.4 42.9 2.56 June 83.5 51.8 1.84 July 88.6 56.5 1.55 August 86.2 54.7 1.53 September 78.6 46.0 1.01 October 67.7 34.3 0.87 November 51.1 22.8 0.93 December 43.8 15.8 0.55 Mean/Total 60.0 32.0 14.55 Wattenberg Lakes DMG 112 Permit Page 2/ EXHIBIT L Reclamation Cost Estimate In order to calculate maximum potential reclamation liability to the State, we have selected a point in time where the mining disturbance could be at is maximum. This point occurs during the mining of Phase II. At this time the interior cell wall of Cell 2 in the east/west direction will be at its greatest length. There will be shoreline (exterior cell wall) under reclamation in Cell 2 and backfilling of Cell I. Please refer to Exhibit D for a listing of disturbed areas that total 61.9 acres. This estimate will follow the same order as the listing in Exhibit D. Unit Cost Cost Aspect Reclamation Operation Quantity Units ($) ($) A. Stripped Overburden and Topsoil in Anticipation of Mining 1. Replace overburden, 6" x 30 acres 24,200 CY 1.25 30,250 2. Replace topsoil, 6" x 30 acres 24,200 CY 1.25 30,250 3. Seed and mulch 30 Ac 800 24,000 4. Reseed 20% 6 Ac 800 4,800 B. Active Mining Face, 1,000 feet 1. Backfill slope to 3H:1 V 40,500 CY 2.00 81,000 2. Replace topsoil above water level, 6" x 10 ft x 1,000 ft 185 CY 1.25 231 3. Seed and mulch 0.2 Ac 800 160 4. Reseed 20% 0.05 Ac 800 40 C. Interior Cell Wall, 4,000 feet 1. Backfill slope to 3H:1V 162,000 CY 2.00 324,000 2. Replace topsoil above water level, 6" x 10 ft x 4,000 ft 740 CY 1.25 925 3. Seed and mulch 0.9 Ac 800 720 4. Reseed 20% 0.2 Ac 800 160 D. Exterior Cell Wall beingBaclJlled, 1,000 feet 1. Backfill slope to 3H:1V 40,500 CY 2.00 81,000 2. Replace topsoil above water level, 6" x 10 ft x 1,000 ft 185 CY 1.25 231 3. Seed and mulch 0.2 Ac 800 160 4. Reseed 20% 0.05 Ac 800 40 E. Top of Slope and Side Slope Seeding 1. Seed and mulch 3.4 Ac 800 2,720 2. Reseed 20% 0.7 Ac 800 560 F. Slurry Wall for Cella and Cell 4, 27 feet deep x 18,300 feet 494,100 sqft 3.00 1,482,300 G. Cell 1 and Cell 2 Dewatering Trenches, 3,100 feet Backfilling included in Aspects C and G Wattenberg Lakes DMG 112 Permit Page 22 (Table Continued) Unit Cost Cost Aspect Reclamation Operation Quantity Units ($) ($) H. Cell 1 Bacljilling 1. Backfill to above water table with exterior slopes 3H:1V 300,000 CY 2.00 600,000 2. Replace topsoil, 6" x 15.5 acres 12,500 CY 1.25 15,625 3. Seed and mulch 15.5 Ac 800 12,400 4. Reseed 20% 3.1 Ac 800 2,480 I. Roads and Conveyors I. Demolition and removal of Conveyor Bridge 1 LS 50,000 50,000 2. Scarify compacted ground 1.0 Ac 25 25 3. Replace topsoil, 6" x 1.0 acres 800 CY 1.25 1,000 4. Seed and mulch 1.0 Ac 800 800 5. Reseed 20% 0.2 Ac 800 160 J. Topsoil and Overburden Stockpiles 1. Material removed for other Aspects 2. Seed and mulch 3.5 Ac 800 2,800 3. Reseed 20% 0.7 Ac 800 560 K. Employee Facilities and Maintenance Station 1. Scarify compacted ground 0.5 Ac 25 13 2. Replace topsoil, 6"x 0.5 acres 400 CY 1.25 500 3. Seed and mulch 0.5 Ac 800 400 4. Reseed 20% 0.5 Ac 800 400 Total Disturbance Costs 2,750,710 Contractor Mobilization/Demobilization (8%) 0.08 220,057 Overhead (18.5%) 0.185 508,881 Administration (5%) 0.05 137,536 Total Proposed Financial Warranty 3,617,184 Disturbed Acreage 61.9 Financial Warranty per Acre 58,436 Wattenberg Lakes DMG 111 Permit Page 23 EXHIBIT M Other Permits and Licenses • Weld County Use By Special Review Permit • Weld County Flood Hazard Development Permit • APEN, Colorado Department of Public Health and Environment Air Pollution Emission Notification Permit. • CDPS, Colorado Department of Public Health and Environment Colorado Discharge Permit System Permit • CWA Section 404 Dredge and Fill Permit, U.S. Army Corp of Engineers • Well Permit and Substitute Supply Plan, Colorado State Engineer's Office Wattenberg Lakes DMG 111 Permit Page 14 EXHIBIT N Source of Legal Right to Enter See attached Title Insurance Commitment. Wattenberg Lakes DMG 112 Permit Page 25 TRANSNATION TITLE INSURANCE COMPANY mmitment No. : 8048505W SCHEDULE A - Continued LEGAL DESCRIPTION PARCEL 1 : The S1/2 of the NE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P .M. , lying South and East of the Seep Ditch, County of Weld, State of Colorado being more particularly described as follows : All that part of the S1/2 of the NE1/4 of Section 25 , Township 1 North, Range 67 West of the 6th P .M. and that part of the SW1/4 of the NW1/4 of Section 30 , Township 1 North, Range 66 West of the 6th P .M. , County of Weld, State of Colorado, described as follows, to-wit : Beginning at a point on the East line of the SW1/4NW1/4 of Section 30, 1560 feet South of the North line of said Section 30 , said point being marked by an iron pin; thence South 00 degrees 11 minutes East along said East line of said SW1/4NW1/4 of said Section 30 , 1128 feet to the Southeast corner thereof ; thence North 89 degrees 46 minutes West along the South line of said SW1/4NW1/4 of said Section 30 and along the S1/2NE1/4 of said Section 25 , 2884 feet to the Easterly boundary line of the right of way of The Denver, Laramie and Northwestern Railroad; ,.thence North 1 degree 14 minutes West along said boundary line, 50 feet -om and parallel to the center line of said railroad, 987 . 5 feet to the <<<iddle of that certain drain ditch beginning at or near the center of the South line of the NW1/4 of Section 25 and extending in a Northeasterly direction to the Ncrth line of the NE1/4 of said Section 25 at or near the Northeast corner of said Section; thence following approximately the meanderings of the said Drain Ditch as follows South 86 degrees 58 minutes East 581 . 0 feet; North 45 degrees 08 minutes East 196 feet; North 4 degrees 29 minutes East 25 feet to the point marked by an iron pin; thence East 2173 feet more or less to the Place of Beginning. ALSO, the NE1/4 of the NW1/4 of Section 36, Township 1 North, Range 67 West of the 6th P .M. , less and except that part conveyed to Weldon Higgs and Dorothy Higgs in instrument recorded November 9, 1891 in Book 952 as Reception No . 1874092 . PARCEL 2 : That part of the SE1/4 of Section 25 , Township 1 North, Range 67 West of the 6th P .M. , County of Weld, State of Colorado, described as : Beginning at the Southeast corner said Section 25; thence North 89 degrees 26 minutes 13 seconds West on an assumed bearing along the South line of said SE1/4 a distance of 1614 . 53 feet to an existing fence line and a point on the apparent R.O .W. line of the Denver, Laramie and Page 2 TRANSNATION TITLE INSURANCE COMPANY )mmitment No . : 8048505W SCHEDULE A - Continued LEGAL DESCRIPTION Northwestern Railway Company; thence along said existing fence and said apparent R.O.W. line as follows : On a curve to the left having a delta of 13 degrees 35 minutes 34 seconds, a radius of 3667 feet , a chord that bears North 06 degrees 00 minutes 00 seconds East, 867 . 92 feet and an arc distance of 869 . 95 feet to the end of said curve and the beginning of a curve to the left , the delta of said curve is 90 degrees 26 minutes 30 seconds, the radius of said curve is 525 . 57 feet, the chord of said curve bears North 46 degrees 18 minutes 35 seconds West , 746 . 13 feet ; thence along the arc of said curve a distance of 829 . 62 feet to the end of said curve; thence South 88 degrees 28 minutes 00 seconds West a distance of 222 . 00 feet; thence North 01 degrees 05 minutes 20 seconds West a distance of 50 . 00 feet; thence North 88 degrees 28 minutes 00 seconds East a distance of 222 . 00 feet to the beginning of a curve to the left, the delta of said curve is 89 degrees 33 minutes 20 seconds , the radius of said curve is 533 . 76 feet , the chord of said curve bears North 43 degrees 41 minutes 20 seconds East, 751 . 92 feet ; thence along the arc of said curve a distance of 834 . 29 feet to the end of said curve ; thence North 01 degrees 05 minutes 20 seconds West a distance of 681 . 13 feet to a point on the North line said SE1/4 ; thence South 89 degrees 49 minutes s-4q6 seconds East along said North line a distance of 1576 . 07 feet to the ast quarter corner of said Section 25 ; thence South 00 degrees 23 minutes 38 seconds West along the East line said SE1/4 a distance of 2664 . 20 feet to point of beginning. PARCEL 3 : The W1/2 of the SW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPT the East 600 feet thereof . PARCEL 4 : That part of the NW1/4 of the NE1/4 of Section 36 , Township 1 North, Range 67 West of the 6th P .M. , County of Weld, State of Colorado, described as : Beginning at the Northeast corner of said NW1/4 of the NE1/4 ; thence South 00 degrees 01 minutes 04 seconds East on an assumed bearing along the East line of said NW1/4 of the NE1/4 a distance of 1318 . 23 feet to the Southeast corner of said NW1/4 of the NE1/4 ; thence North 89 degrees 51 minutes 15 seconds West along the South line of said NW1/4 of the NE1/4 a distance of 540 . 62 feet to a point on the Southeasterly right of way line of the Great Western Railroad Company; thence North 13 degrees 44 minutes 57 seconds East along said Southeasterly right of way line a distance of 1356 . 33 feet to a point on the North line of said NW1/4 of the NE1/4 ; thence South 89 degrees 50 minutes 20 seconds East along said Page 3 TRANSNATION TITLE INSURANCE COMPANY )mmitment No. : 8048505W SCHEDULE A - Continued LEGAL DESCRIPTION North line a distance of 217 . 85 feet to the point of beginning. PARCEL 5 : Lot B of Recorded Exemption No. 1469-25-3-RE1093 , recorded July 27 , 1988 in Book 1203 as Reception No. 2149575 , being a part of the W1/2 of the SE1/4 and of the E1/2 of the SW1/4 of Section 25 , Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 6 : A parcel of land in the NW1/4NE1/4 of Section 36 , Township 1 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, lying North and West of the railroad. EXCEPTING THEREFROM a parcel of land conveyed by deed recorded March 3 , 1882 in Book 31 at Page 624 . NOTE : The documents necessary to complete the transaction contemplated herein should contain, however, Transnation Title Insurance Company will not insure the following : Together with the 100 foot right of way of the NW1/4 of the NE1/4 of Section 36 , Township 1 North, Range 67 West of the 6th P.M. , formerly owned by the railroad. Page 4 EXHIBIT 0 Owner of Record of Affected Land (Surface Area) and Owner of Substance to be Mined See Exhibit C, Pre-Mining/Mining Plan Map. • Wattenberg Lakes DMG 112 Permit Page 26 EXHIBIT P Municipalities within Two Miles City of Brighton 22 South 4` Avenue Brighton, Colorado 80601 City of Fort Lupton 130 S. McKinley Avenue Fort Lupton, Colorado 80611 Wattenberg Lakes DMG 112 Permit Page 27 EXHIBIT Q Proof of Mailing Notices to County Commissioners and Soil Conservation District See attached. Watt en berg Lakes DMG/12 Permit Page 28 Z 381 20 c' 955 . __ , US Postal Service -- . Receipt for Certified Mail ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY .,L10 Insurance Coverage Provided. not use for International Mail(See reverse) I Complete items 1,2,and 3.Also complete A. Received by(Please Phil Iejgy) taDapialivery _ant to I' c i /, r �, item 4 if Restricted Delivery is desired. JAN LL W • 1--,C�c Ik�i / l/1n�i/ G'«1t./f ( Sf I Print your name and address on the reverse Street 8 Number -t so that we can return the card to you. mature (�'� `-5 �7 LC' - IT rt,,,C ci 1-L I I Attach this card to the back of the mailpiece, X �a \ t, � ❑Agent P t Office.State,8 ZIP Coda or on the front if space permits. , \p Aw'.>\ O Addressee ('/7r i6 {L-tr IL— l C' cC-C-C/ Is del : address different from item 1? ❑Yes / Article Addressed to: Postage` $ y % If YES,enter delivery address below: ❑ No Certified Fee : Li C; .�C r7T ADA py7 5 �/L Spedal Delivery Fee _C9f,(=F UPON bl%TC'/e/l Restricted Delivery Fee 0 KC lilt" L CAA/E (/L'F S% 3. Service Type to SIReturn Receipt Showing to - WhomDateDelivered / Certified Mail O Express Mail - 8 i 5 C) 2 I Mom, (-CC C" ly i C f 7C.tL. C O Registered ❑ Return Receipt for Merchandise i. Return Receipt showing to om, i O Insured Mail O CA.D. < Dale,8 Addressee's Address i 4. Restricted Delivery?(Extra Fee) O Yes O TOTAL Postage 8 Fees $ £-/. 7 eD Article Number(Copy from service label) r, Postmark or Date c,, CC C /C. Z C.' cis-6 t0 i Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 . ��C "rte `.s ;.: t' wl i'..[ wsi et zt _ ..rc a4.- .x'Yid 1' rH-HY ] V S ft •4?- 21 f it fy.t-.F Ti yrxxS"'t �"itita'S.Y4%; ;:r" .Y `41"a'^ -` •se,7 1 S=h Z 381 203 035 OY1 * Yxl ap Ns US Postal Service c••. t Receipt for Certified Mail ENSE': C•M•LETS THIS SECTION C/MPL ETE THIS SECTI•N .N•ELIVE•Y No Insurance Coverage Provided. Do not use for International Mail(See reverse) Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) S. Date of Delivery Sent to 1 item 4 if Restricted Delivery is desired. id�t ia (t1 t, fy 6Yc, i c4 COIYn✓ItiS;tot Print your name and address on the reverse Street 8 Number e rS so that we can return the card to you. C. Si.-ature I COS- IC+b �,t Attach this card to the back of the mailpiece, x i Agent Post Office,State,8 ZIP Code or on the front if space permits. / 1 < •j . _` ❑Addressee (-tr.,. lc y 0 c' `E-i. L-3/ D. Ls delivery address different from item 1? ❑yes Article Addressed to: Postage $ C, If YES,enter delivery address below: O No e� CriilveyPicyrc( crc (_c,ll,,uslortrs Certified Fee I 1C: Spedal Delivery Fee ,'I1 1(1,+k CzJt.(CCl N Restricted Delivery Fee / 3. Service Type — 8,, Retum Receipt Showing to :1,-,:1,-, t It y t(2 0 c Dc 31 $-Certified Mail O Express Mail Whom 8 Date Delivered / . 5 C.) O Registered O Return Receipt for Merchandise - Return Receipt Showing to Whom, O Insured Mail O C.O.D. < Date,&Addressee's Address p 4. Restricted Delivery?(Extra Fee) O Yes TOTAL Postage 8 Fees $ �. �j-� Article Number(Copy from service label) rh Postmark or Dale ha Cr - /C � 3x'/ 2.C:7-, C�jc i Form 3811,July 1999 Domestic Return Receipt t/ 4 /C ' . .. ..,,,r,••.. _ p1M595.98-M-1799 I I —, .. . .. ._r ..... EXHIBIT R Proof of Filing with County Clerk or Recorder See attached. Wallenberg Lakes DMG/12 Permit Page 29 elle SSW, WELD COUNTY COQ', i 7tattleApplegate,Inc. ?, , FE i I2 hl1 9: 28 Consultants for Land, Mineral and Water LETTER OF TRANSMITTAL REL L;V c D DATE: February 12,2001 PROJECT: Wattenberg Lakes TO: Weld County Clerk to the Board 915 10th Street Greeley, Colorado 80631 WE TRANSMIT: THE FOLLOWING: FOR YOUR: © Attached n Prints/Bluelines n Use In Under Separate Cover I f Original ❑ Approval nInformation Below ® Copy ❑ Information nApplications 0 Review & Comment ❑ Specifications n Material Returned 0 Other n Revise&Resubmit Number of Copies Dated Sheets Description 1 Construction Materials Regular(112)Operation Reclamation Permit Application-Wattenberg Lakes, Aggregate Industries—WCR,Inc. Remarks: Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty(60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. Copy to:File Signed: 2/,/, ___0/1 w/Enclosures: 11990 Grant Street,Suite 304 • Denver,Colorado 80233 • (303)452-6611 • (Fax)452-2759 • tutapple@csd.net EXHIBIT S ea- Permanent Man-Made Structures within 200 Feet of the Affected Land 1. Power Lines/Poles 2. Phone Lines/Poles 3. Brighton Ditch 4. Huett Seepage Ditch 5. Oil and Gas Lines 6. Oil and Gas Wells, Pumps, and Tank Batteries 7. Fences/Structures 8. Unimproved roads Aggregate Industries believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 feet of the affected area. However, the applicant still anticipates providing evidence of agreements for compensation with the appropriate structure owners or engineering evaluations that adequately demonstrate that the proposed mining and reclamation operations will not result in damage to the structures. Until the agreements or engineering evaluations are provided, mining will remain 200 feet from significant, valuable, or permanent man-made structures not controlled by the applicant. Wattenberg Lakes DMG 112 Permit Page 30 NOTICE This site is the location of a proposed construction materials operation known as Wattenberg Lakes. Aggregate Industries—WCR,Inc., whose address and phone number is 3605 South Teller Street, Lakewood, CO 80235, (303) 985-1070, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk and Recorder's Office, 1402 N. 17th Avenue, Greeley, CO 80631, and should send written comments prior to the end of the public comment period to the Division of Minerals &Geology; 1313 Sherman Street; Room 215; Denver, CO 80203. CERTIFICATION: I, William Schenderlein of Tuttle Applegate, Inc., an agent for Aggregate Industries—WCR, Inc., hereby certify that I posted a sign containing the above notice for the proposed permit area known as Wattenberg Lakes, on January 25, 2001. SIGNATURE DATE EXHIBIT E Reclamation Plan Water storage will be the final reclaimed use for the Wattenberg Lakes site. In this area of Weld County, mining and water storage are a predominant land use along the South Platte River. Therefore, the proposed post mining use is compatible with surrounding land uses. Mining cells 2 and 3 will be reclaimed as water storage reservoirs with a storage capacity of 5000 to 7000 acre-ft. The remaining area within the proposed permit boundary will consist of reservoir shoreline, backfilled/wetland mitigation areas, access roads, and reclaimed or otherwise undisturbed land. The approximate acreage of each of these areas is: Final Land Use Area(acres) Reservoir 271 Shoreline 1 Backfilled/wetland replacement areas 40 Access roads Reclaimed or undisturbed land 108 TOTAL 421 Some roads inside the proposed permit boundary will remain for accessing and maintaining the reservoirs, wetland mitigation areas, and oil wells. The existing vehicle access road over the Huett Seepage Ditch will remain. An unimproved road around both reservoirs will also remain. Conveyor systems and bridges will be removed from the site during final reclamation activities. Roads not necessary for future access and other disturbed areas associated with the conveyor system will be reclaimed with vegetative cover to stabilize the soil and minimize erosion. Portions or all of the concrete anchors used for the conveyor bridge over the South Platte River may remain in place following reclamation. Any portions of the anchors left in place will be below the existing ground level. Water Storage Reservoirs In general, the mining cells will be mined to the claystone bedrock. The relatively impermeable bedrock will makeup the bottom of the reservoirs in cells 2 and 3. The reservoirs will also be separated from the surrounding alluvial aquifer by a slurry wall installed prior to mining. The slurry wall will be keyed into the bedrock material and extend upward through the entire length of the saturated alluvium. Design specifications and quality control procedures used during construction of the slurry wall will ensure that the reservoirs meet State Engineer's Office (SEO) performance standards for permeability. During reclamation activities, the slurry wall will be monitored for compliance with the SEO performance standard. All reservoir slopes left by the mining operation will be reclaimed to at least 3H:IV final grade. Reclamation of the exterior cell walls will be concurrent with mining, with reclamation activities following approximately 1,000 feet behind the mining operation. Since reclamation will be Wattenberg Lakes OW 112 Permii Page 8 concurrent with mining, most soil, overburden, and bedrock material excavated during mining will be used almost immediately. Scrapers will be used to place bedrock claystone and overburden material along the reservoir perimeters to achieve the final grade. Upon placing the backfill material, 95 percent compaction will be achieved to fix the slopes securely. Final reclamation by capping with topsoil and revegetating above the expected reservoir water level will follow backfilling operations closely to minimize the amount of disturbance at any one time. During reclamation activities, inlet and outlet works for the reservoirs will be installed. The inlet works will be constructed to provide water from the Brighton Ditch along the west side of the site. In the northeastern portion of the site, outlet works will be constructed to deliver reservoir water to the South Platte River. The general location of the inlet and outlet works is illustrated on Exhibit F, Reclamation Plan Map. The design specifications and plans for the facilities will be provided to the Division prior to construction. Replacement Wetlands Cells 1 and 4 will be backfilled to create replacement wetlands. Reclamation will begin as Cell 1 is mined. The overburden from Cell 1 will be used immediately to backfill the mined portion. As mining progresses, additional excavated overburden and bedrock claystone material from Cell 2 will be used to backfill Cell 1. Finally, topsoil will be used to cap the mining cell and provide a growing medium for wetland plants. Depending on groundwater elevations, the final surface elevation of the backfilled cell may be below the existing and surrounding ground elevation. Any slopes remaining will be reclaimed to a minimum 311:1 V grade. It is possible that, once mining in Cell 4 is complete, the cell will be used as a sediment basin for process fines generated from a processing plant located east of the proposed permit boundary (existing DMG Permit Number M-89-120). If the accumulated silts do not sufficiently fill the cell for replacement wetland needs, additional bedrock claystone and overburden material will be used to complete the backfilling. Similar to Cell 1, the backfilled cell may be below the surrounding ground elevation, but any slopes remaining will be reclaimed to a minimum 3H:1 V grade. Reclamation Measures/Materials Handling The mining will create the rough topography for the two lakeshores and the replacement wetlands (see Reclamation Plan Map, Exhibit F). The backfilling will be done to provide stabilized shorelines around the reservoirs and to minimize erosion. The backfill material will consist of native bedrock claystone, overburden, and topsoil. There will not be known toxic or hazardous materials in the backfill material. Additionally, it is not likely that acid forming or toxic materials will be encountered during mining. The mining will not leave highwalls on the property. There will be no auger holes, adits, or shafts left on the property. Wallenberg Lakes DMG 112 Permit Page 9 Topsoiling The top two to six inches of soil on the property is classified as topsoil. This layer includes the root zone of grasses and crops, which will be stripped and stockpiled separately. By using concurrent reclamation techniques, the topsoil is not expected to remain in stockpiles for more than one to two years. If the stockpile remains more than one growing season, it will be seeded with a fast growing vegetative cover to prevent erosion. All topsoil will be retained on-site to reclaim the reservoir shoreline, replacement wetlands, and other areas disturbed by mining activities. Where required, topsoil will be replaced to a depth of approximately four to six inches. When necessary, stripped topsoil will be stockpiled parallel to potential flood flows to reduce the risk of inhibiting the flow. Throughout the mining phases, the amount of topsoil stockpiled will be limited by continuously using it to cap backfilled areas. Revegetation As mining operations are completed, areas for reclamation will be graded and shaped for revegetation. Runoff or excess water from adjacent areas will not be allowed to flow over slopes being graded and seeded. If needed, berms will be constructed to divert excess water and dispose of it in a safe and non-erosive manner. Upland Areas. For disturbed upland areas, the reclamation plan includes revegetating with appropriate seed mixes to minimize erosion and reestablish natural terrain. The grass mixture below was selected to be long lasting and regenerating. The ground will be fine graded prior to seeding and fertilizers will be applied according to recommendations from the Soil Conservation Services. Reservoir side slopes below the anticipated reservoir water level will not be seeded. Based on the soils in the area, the following upland seed mixture is recommended: Area Cover Application Rate' Upland Grass Seed (%) (t/PLS/acre) Vaughn Side Oats Grama 30% 1.35#PLS/ac. Grenville Switchgrass 20% 0.5 #PLS/ac Lovington Blue Grama 20% 0.3 #PLS/ac Barton Western Wheatgrass 30% 2.4#PLS/ac Application rate is for drilling the seed. If seed is to be broadcast, the application rate will be doubled. Upland grass seed will be planted with a drill equipped with depth bands and press wheels. The seeded areas will then be covered with straw mulch at a rate of 2,000 pounds per acre. The straw will be crimped into the soil to control erosion until the grass becomes established. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Wallenberg Lakes DUG 112 Fenno Page 10 Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Replacement Wetlands. The replacement wetland areas will be planted and seeded with native wetland plants. A detailed revegetation plan for the wetland areas is available in the Clean Water Act Section 404 permit application for the Wattenberg Lakes site submitted to the Army Corps of Engineers. Water—General Requirement To minimize the effect on the prevailing hydrologic balance, the operator shall: a. comply with all applicable Colorado water laws, b. comply with all applicable Federal and State water quality laws and regulations, c. comply with all Federal and State requirements for dredge and fill, and d. regrade all sediment and siltation structures after mining is completed unless such structures are to be used for wetlands mitigation. Groundwater—Specific Requirements The operation will not affect groundwater quality on or off the site. The operation will comply with State groundwater quality standards. Due to the absence of sources of potential pollutants, groundwater quality monitoring is not required in this operation. Wildlife The proposed reclamation plan does not propose to create wildlife habitat. All activities will be planned considering the safety and protection of wildlife on the property. Some species may be temporarily displaced by the mining activities, but these species are expected to re-establish with no difficulty after the reclamation has been completed. The creation of the lakes and replacement wetlands may create additional opportunities for aquatic birds, mammals, and fish. Wallenberg Lakes WAG 112 Permit Page 11 Hello