The URL can be used to link to this page

Browse Search

Home My WebLink About20053780.tiff 09/20/2005 11:e7 3034524515 ADCO_BAYER_CHEROKEE_ PAGE 02 MOLEN & ASSOCIATES, LLC ENVIRONMENTAL CONSULTANTS 2090 E. 104th Ave., Suite 202 ♦ Thornton, Colorado 80233 Office 303-450-1600 ♦ Fax 303-452-4515 August 10,2005 Ms. Cindi Etcheverry Environmental Health Supervisor Environmental Health Division Weld County Department of Public Health&Environment 1555 North 17th Avenue Greeley, CO 80631 Re: Aggregate Industries,Inc. Reclamation Plan Inert Filling at Platte Valley Pit by Patrick Broda Dear Ms. Etcheverry: This letter confirms discussions we have had concerning Aggregate Industries,Inc.Platte Valley Pit (AmURS-905)and the importation of inert materials by an outside contractor,Patrick Broth. The result of the conversations is that Aggregate Industries is allowed to import additional inert materials into the Platte Valley Pit according to the stipulations in the permit. Aggregate Industries,Inc. or Patrick Broda do not need any additional permits from Weld County to begin filling operations. Patrick Broda has signed a lease agreement with Aggregate Industries to import inert materials into the Platte Valley Pit. Mr. Broda is aware of your acknowledgement that the permit allows the importation of inert materials as defined in the Regulations pertaining to Solid Waste Sites and Facilities. The attached copy of email I received from you on August 2,2005 describes that acknowledgement The Division of Minerals and Geology will be contacted to confirm the importation of inert materials by Patrick Broda is acceptable to them. Once the Division of Minerals and Geology acknowledges that the importation is allowed,filling of importation of inert materials will begin. It is expected that the importation will begin sometime in early September 2005. If you have any objection to the information in this letter please contact me immediately. Thank you for your assistance and immediate attention to this matter. Yours truly, MOLEN&ASSOCIATES,LLC iatZti Mark A. Molex] cc Mr. Patrick Broda 2cos- 318E 09/20/2005 11:07 3034524515 ALC0_BAYER_CHERUKEE_ PAGE 03 Untitled Stationery mailbox:///CIIWINtY—VS/Application%20Datz/I alla/Profiles/def.. • Subject Aggregate Industries • From: "Cindi Etcheverry" <cetcheverry®co:weld.co.us> Date: Tue, 2 Aug 2005 22:45:23 -0600 To: MMOLEN©gwest.net CC: "Kim Ogle" <kogle@co.weld.co,us>, "Donald Carroll" <dcarrall@co.weld.co,us> Hi Mark, I have reviewed the aggregate industries, Inc_AmUSR-905 file and Reclamation Plan. It does appear other sources of inert materials are approved for backfilling the site In the Reclamation Plan. The map that you referred to as dated 2/27/04 and titled Platte Valley Pit AMUSR-905, Sheet 2,was not present in the file. However,the resolution and Amended Special Review Permit 905 does require the facility to comply with the requirements of the Division of Mineral and Geology Minded Land Reclamation Permit 112 to conduct surface extraction of construction materials and reclamation of the site. Please also note in accordance with the Regulations pertaining to Solid Waste Sites and Facilities, inert material includes, but is not limited to, earth, sand, gravel rock, concrete which as been in a hardened state for at least sixty days, masonry, asphalt paving fragments,and other inert solids. Additionally, if the site is expecting a change in traffic count,you may want to get a hold of Donald Carroll in Public works to discuss whether if changes in the road agreement will be required. Cindi Etcheverry Environmental Health Supervisor Environmental Health Division Weld County Department of Public Health&Environment 1655 North 17th Avenue Greeley, CO 80631 Phone; (970)304-8415 ext 2220 Fax: (970)304-6411 E-mail: cetcheverninco.weid.co.us off 8/10/05 5:10 PM September 20, 2005 S Ms. Cindi Etcheveny Environmental Health Supervisor AGGREGATE Weld County Department of Public Health& Environment INDUSTRIES 1555 North 17th Avenue Greeley,CO 80631 Re: Inert Fill Operation at Aggregate Industries' Platte Valley Operation Weld County Use by Special Review Permit AmUSR-905 State Division of Minerals and Geology Permit No. M-1989-120 Dear Cindi: Mr. Mark Molen of Molen&Associates has previously corresponded with you regarding an agreement between Aggregate Industries and Patrick Broda for the import of inert fill material to Aggregate Industries' Platte Valley sand and gravel mining operation as referenced above. Mr. Molen indicates that you advised that Weld County does not need any additional permits for such filling operations, however he requested that I provide you with a copy of the notice for such activity as required under the State Division of Minerals and Geology permit. I am therefore enclosing for Weld County records a copy of the Notice of Material to be Imported for Backfill and supporting Affidavit as referenced therein, which are being submitted to the State Division of Minerals and Geology. Very truly yours, Z' 4. 4 q Connie N. Davis Land Resources Assistant Enclosure cc: Mr. Patrick Broda, Broda's Inert Fill Aggregate Industries-WCR, Inc. -File Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer • Certified Mail-Ruturn Receipt No. 7005 0390 0003 1200 6497 September 20, 2005 A Mr. Tom Schriner AGGREGATE Environmental Protection Specialist INDUSTRIES Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver,CO 80203 Re: Notice of Material to be Imported for Backfill Permit No. M-1989-120,Platte Valley Operation Dear Tom: This letter is submitted as Notice to the Division of Minerals and Geology of Aggregate Industries-WCR, Inc.'s intent to backfill inert structural fill generated outside of the approved permit area into the excavated pit at the above-referenced operation. In accordance with DMG Construction Material Rule 3.1.5(9), the following information is provided in support of this Notice: (a) Inert fill material will be obtained from a variety of off-site sources ranging from excavation activities for construction of basements and buildings, land clearing, demolition projects, and road and highway construction. This material will be incorporated into the reclamation of the sand and gravel mine site operated under MLRB 112c Permit No. M-1989-120, located at 1859 N. U.S. Highway 85, Brighton,Colorado. (b) The approximate volume of inert material to be imported and backfilled as set forth in(a) above is estimated to be a maximum of 603,000 cubic yards. (c) Enclosed is an affidavit certifying that the material to be imported is clean and inert, as defined in Rule 1.1(20). (d) It is anticipated that hauling of import material to the site and backfilling with the imported material would commence upon approval by the Division of this Notice or, if the Division does not respond, within thirty(30) days of the Division's receipt of this Notice. Importation is expected to continue for a minimum of 5 years after commencing the backfilling operations. (e) The imported material will be temporarily stockpiled in excavated areas of the mine and will be bacldilled in accordance with the approved reclamation plan. (f) The area to receive the imported material for backfill is already incorporated into the post-mining configuration and will support the approved post-mining land use, as set Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer Mr. Tom Schriner,Division of Minerals and Geology September 20,2005 AGGREGATE INDUSTRIES Page Two forth in Exhibit F of the original permit application. (g) The material will be placed and stabilized in accordance with the approved reclamation plan as set forth in Exhibit E of the original permit application. Thank you for your consideration in this matter. If you have any questions,please call me at (970)336-6526. Very truly yours, C . 7. Gam' Connie N. Davis Land Resources Assistant Enclosure cc: Mr. Patrick Broda, Broda's Inert Fill Ms. Cindi Etcheveny, Weld County Aggregate Industries-WCR, Inc. -File AFFIDAVIT AND INDEMNIFICATION STATEMENT STATE OF COLORADO ) )ss. County of Weld ) The undersigned Affiant is importing inert structural fill materials from a variety of locations within the state of Colorado,to the Platte Valley sand and gravel mine operated by Aggregate Industries-WCR, Inc. (AI)under Division of Minerals and Geology Permit No.M-1989-120,and located at 1859 N.U.S. Highway 85,Brighton,Colorado. Affiant hereby certifies and affirms that said soils are clean and inert, and that there are no known materials contained in.said soils that would significantly affect the inert nature of these soils,nor are there any acid forming materials or toxic producing materials in said soils. Furthermore, by signing this Statement,Affiant shall indemnify and hold harmless AI in the event it should be determined that any soil provided to Al is contaminated with any regulated pollutant and/or poses environmental harm. Affiant shall assume all liability and costs associated with the removal, disposal,and negative impacts of any contaminated material provided to AI. Dated this pR6t-day of Q(9(at ,2005. AFFIANT: Broda's Inert Fill Company Name By: ,S1 SOL tSubscribed alai CC/ to before me this rV ( (.aay of (. I��t 2002 b�y� �C l K �C/�J (12 C{CC/ as L�l U/t l7 L ,of ,5Q„��lC ��"� froC; : --r\;'�n/d and official seal. 1 ts4CAR0LINE D. I CL ��✓`` / ( L)HULL 1 11 14' �� Notary Public ,OF C�` . a My Co . - pares: I f�(6 �p November 8, 2005 M Cindi Bt Hal AGGREGATE Environmental Health Supervisor Environmental Health Division INDUSTRIES Weld County Department of Public Health& Environment 1555 North 17th Avenue Greeley, CO 80631 Re: Inert Fill Operation at Aggregate Industries' Platte Valley Operation Weld County Use by Special Review Permit AmUSR-905 State Division of Minerals and Geology Permit No. M-1989-120 Dear Cindi: Enclosed is a copy of Aggregate Industries' letter to Torn Schreiner at the State Division of Minerals and Geology in response to questions related to material import and backfill activity to be conducted by Patrick Broda at the above-referenced operation. While you have indicated to Mr. Broda's environmental consultant,Mark Mole;that Weld County does not need any additional permits for this activity,you had requested a copy of the Notice that is required by the State for such activity. A copy of the Notice was sent to you on September 20, 2005. The Division's questions regarding the Notice related to reclamation of the area to receive the backfill and the adequacy of Aggregate Industries' financial warranty for this activity. The enclosed provides a detailed response and is provided for your records in order to keep the County apprised in this matter. Very truly yours, Connie N. Davis Land Resources Assistant Enclosure cc: Mark Molen, Molen&Associates Aggregate Industries-WCR, Inc. -File Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer A • Certified Mail-Return • Receipt No. 7002 0860 0007 5578 7622 November 7, 2005 AGGREGATE Mr. Tom Schreiner INDUSTRIES Environmental Protection Specialist Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver,CO 80203 Re: Notice of Material to be Imported for Backfill Permit No. M-1989-120, Platte Valley Operation Dear Tom: This letter is in response to questions raised in your letter of September 26,2005 regarding Aggregate Industries' (AI) inert backfill notice dated September 20, 2005. The main concern expressed was whether or not the site is adequately bonded for the proposed activity. The backfill cost estimate referenced in your letter, which addresses backfilling 8066 cubic yards of overburden in a stripped area of Cell 4, is only a portion of the reclamation for which this site is bonded. The Division holds a total reclamation bond for this site in the amount of$754,732. This amount was based upon the Exhibit L calculation prepared by AI and submitted to the Division on December 1, 2003. The calculation for Cell 4 includes a total of 344,232 cubic yards of backfill. Enclosed for your convenience in reviewing this matter are reduced copies of the Exhibit C and Exhibit F drawings. It is M's desire to increase the area to be backfilled in Cell 4 to facilitate a reduction in the final groundwater lake surface proposed in Cells 2 and 4. The import of a potential 603,000 cubic yards of fill material as proposed in the Notice would accommodate the originally proposed and the increased backfill area. The approved permit for Platte Valley already provides for a variance in groundwater lake size in Cells 2 and 4 by as much as 25%, which would be an increase or decrease of 33 acres, without requiring a technical revision. The area to receive the imported fill material is shown on the Exhibit F Reclamation Plan as Phase 4 and will further extend to the north boundary of the groundwater lake area. Backfilled areas will be reclaimed in accordance with Exhibit E of the permit, as follows: The backfill material for this area will be placed and compacted to provide adequate stability for the anticipated future use. The final elevation of the backfilled area will be at least 2 feet Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer • Mr.Tom Schreiner,Division of Minerals and Geology AGGREGATE November 7,2005 INDUSTRIES Page Two above the estimated maximum local groundwater elevation. In addition,the final backfill elevation in this area will be as near to the existing and surrounding ground elevation as possible(depending on the availability of backfill material). Grading will create relatively flat surfaces appropriate for industrial uses. Any slopes remaining will be reclaimed to a minimum 3H:1 V grade. As final slopes are graded, topsoil will be placed to provide a growing medium for the revegetation cover used to stabilize the area prior to the final land use. (p. 10, Exhibit E, Platte Valley Pit Regular 112 Operation Reclamation Permit Amendment,July, 2003) Clarification regarding reclamation in this area was also provided in responses numbered 13 and 14 of M's December 1, 2003 response to the Division's adequacy review as follows: 13. The reclamation acreage has been clarified on the revised Exhibit F, Reclamation Plan map attached. The groundwater lake to be created in Cells 2 and 4 will be approximately 55 acres in size, or include roup,hly 40 percent of the proposed mined area. Other areas of the mining pits will be backfilled for wetland/upland and industrial uses. If the configuration of the proposed groundwater lake changes, or the size changes by more than 25 percent of the proposed mined area, the applicant will provide a technical revision to the Division with the final groundwater lake size and configuration. 14. The proposed final land use for the Platte Valley site includes future industrial use. However, it is not the intent of the operator to develop industrial use on the site. It is anticipated that these areas will ultimately provide for industrial use, because the areas are zoned industrial by Weld County. The proposed amendment areas zoned for industrial use will be backfilled and graded by the operator. The backfilling will include a cover of at least 6 inches of topsoil. The areas will be revegetated with native grasses to provide stability and minimize erosion until future industrial land uses are applied. In response to your question regarding the maximum amount of imported inert fill material that would be stockpiled,waiting to be pushed into the excavated pit area at any one time, it is anticipated that imported inert materials will be placed on the same day as they are received and not stockpiled. Placement of inert fill will occur in an approximate one acre area at any one time and will continue in such area until the elevation of the backfilled area is in accordance with the permit, as noted above. The original application materials for Amendment 1 indicated that inert materials would be used for backfill, and AI responded to the Division's adequacy comment on this matter in the December 1, 2003 letter as follows: "If applicable, the applicant agrees to provide to the Division with (sic) the appropriate notices and affidavit certifying that the material used for backfill is clean and inert in Mr.Tom Schreiner,Division of Minerals and Geology AGGREGATE November 7,2005 INDUSTRIES Page Three accordance with Rile 3.1.5(9) of the Construction Rules and Regulations." M's September 20, 2005 Notice was submitted to the Division in accordance with that commitment. Thank you again for your time and consideration in this matter. If you have any further questions, please do not hesitate to contact me. Very truly yours, Connie N. Davis Land Resources cc: Mr. Patrick Broda, Broda's Inert Fill Ms. Cindi Etcheverry, Weld County Aggregate Industries-WCR, Inc. -File • r c �o �'M ',; ° 1,_.,_.� / o �, FPI oV'. "e. III ® z 0 0 4 Ili ':C e m I ` F. l oo ( i� m I. , , ___011 m I6 9 e a? is 4. . . .... I; �� 1 '; �y�<' iL` l 7 I ] it r� ;:a 1 d 1 1 4aF ----) ._-_------,,---------,---1,---; .... PROPERTY OWNERS WITHIN IIOO �__ _ go/ - m e - rho r7 ,•••® LEGEND: n / r xirse.R�,o. °^"'. ICI �� ., TYPICAL MINING FACE SECTION _ so y� �S - III 1 �� •-A'-'7Th 11 I II --1- a I$ . 0 • i -_ I rmuo 1 J// z t III 1 4..-�' 44)(r-1.- a ft I f,Lf I 1I --� "la �� --,- o '�;G/ � ` I f� L, o f o f% e V' dd- ' ''' \ .97 15 111 / -L 1 1 a 're-' 'CO19 m G B AC 1111 N �0h�jj..,(h 1hV'✓4Wf wt3---,0 L_ upv'� . \� _�.J.� L,.w-a+#!."-nrwar,.._ ,.+%-di Lam"t1�i!a+t. c ..:_.. `�,�„ t %� In�Ie P1� S� _ IJ :. lrr�.__ 1' Irv.,.- ,.. 111WW �' .,., 1 " = LEGEND. -flaw,. - -. wits ,44.4.4444— �� oe�annw it w �.r�ros® d/•� ...SECTION P.O.Box 337231 Greeley.CO 80633 Phone:x: 3)8-6 56 6526 Fax: (970)3768656 AGGREGATE INDUSTRIES Fax To: Kim Ogle and Bethany Salzman Front Connie N.Davis Weld County Planning Services Land Resources Assistant Faxc 304-6498 Pages: 3 Phonic 353-6100, Ext.3540 Data 6/16/2006 Re: AmUSR905—Platte Valley CC: Broda Landfill ❑urgent O For Rwlew O Please Comment O Please Reply O Please Recycle • Comments: As we just discussed by telephone, lam faxing to you the August 10, 2005 letter to Cindi Etcheverry, Weld County Health Department from Mark Molen, environmental consultant representing Patrick Broda, regarding the Broda Landfill at Aggregate Industries' Platte Valley operation. Also enclosed is a copy of Cindi's August 2,2005 e-mail to Mark Molest These documents indicate that no additional permits were required by Weld County for the landfill operations. Thanks! P.O.Box 337231 Greeley,CO 80633 Phone: ( 73)'+ 526 Fax: ((9700)378-6856 AGGREGATE INDUSTRIES Fax To: Michele Martin Franc Connie N. Davis Weld County Planning Services Land Resources Assistant Fwc 720-652-4211 Pages: 4 Phone: Date: 9/11/2006 Re: AmUSR905—Platte Valley CC: Broda Landfill ❑Urgent O For Review O Please Comment O Please Reply O Please Recycle • Comments: Following are copies of correspondence related to the Broda landfill activity at Aggregate Industries' Platte Valley Operation, including an August 10, 2005 letter to Cindi Etcheverry, Weld County Health Department, from Mark Molen, environmental consultant representing Patrick Broda, a copy of Cindi's August 2, 2005 e-mail to Mark, and my fax cover to Kim Ogle and Bethany Salzman dated June 16,2006 under which these same documents were submitted. After you have had an opportunity to review these documents, I would appreciate hearing back from you. June 6,2007 Mr. Patrick Broda t Landfill Inert Lann dfill P.O. Box 337 Henderson,CO 80640 it. CS Re: AmUSR905—Platte Valley Operation—Broda Landfill Facilities 117U 'T r l Dear Pat: Enclosed is a letter from Michelle Martin of the Weld County Planning Department advising that the use of your temporary shed is not a substantial change to Aggregate Industries' (AI) use by special review permit,AmUSR-905,so long as the development standards of the permit are adhered to. For your reference,I am enclosing a copy of the development standards. As we discussed yesterday,the Planning Department's letter does suggest that the Weld County Department of Building Inspection be consulted to determine if any other permits(building,electrical) will be needed. I would suggest that you provide them with a copy of the enclosed letter from the Planning Department. Other documents enclosed with this letter include a May 31,2007 e-mail from Char Davis of the Weld Health Department to Michelle Martin stating the use of AI's bathroom facilities by your employees is acceptable. As we have previously discussed, Weld County does not allow the use of portable toilets on a long term basis. That is why we approached them about allowing your use of our facilities. I am also enclosing copies of my letters to the Planning Department and Health Department dated May 15,2007. I previously faxed copies to you but thought it might be helpful to you to have everything in one package. These letters outline the conduct of your activity and addressed the concerns that the Planning Department had when you originally met with them. If you have any questions or need additional information,please do not hesitate to call me at(970)336- 6526. Very truly yours, Connie N. Davis Land Resources Assistant Enclosures cc: Aggregate Industries-WCR, Inc.—File No. 30.13.15 Aggregate Industries onnie N.Davis,Land Resources West Central Region, Inc. P.O.Box 337231,Greeley,Greeley,CO 80631 1707 Cole Blvd., Suite 100 Phone: (970)336-6526 Golden, CO 80401 Fax: (970)378-6856 Telephone,303-985-1070 An Equal Opportunity Employer (iek ‘Aiit-3/41/41 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE ' 4209 CR 24.5 LONGMONT,CO 80504 mmartCco.us (720)65 -4co.welt. 8730 O PHONE: 652-4210,Ext. 8730 FAX:(720)652-4211 COLORADO May 31, 2007 Connie Davis Aggregate Industries PO Box 337231 Greeley, CO 80633 Subject: AMUSR-905 Dear Ms. Davis: The Department of Planning Services has reviewed your request to add a temporary shed for the reclamation of the site. The proposed addition as submitted in your letter dated 5/15/07, is determined by planning staff, to not be a substantial change to the original application so long as the applicant adheres to the development standards of AMUSR-905 reception number 3162624. Staff does suggest that the Weld County Department of Building Inspection be consulted to verify and/or determine the appropriate permits required for such an activity to occur. Should you have any additional questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincere) Michelle Martin Planning II SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS AGGREGATE INDUSTRIES -WCR, INC. AMUSR#905 1. The Site Specific Development Plan and Amended Use by Special Review Permit#905 is for Mineral Resource Development Facilities, including Open Pit Mining and Materials Processing,a Concrete Batch Plant,and a portable Concrete and Asphalt Recycling Plant in the A(Agricultural)and Industrial Zone Districts,as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan at all times. 4. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7CCR 1101-14). 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in Section 25-12-103, C.R.S. 9. The applicant shall remove,handle,and stockpile overburden soil,sand,and gravel from the facility area in a manner that will prevent nuisance conditions. 10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. 11. The applicant shall operate in accordance with the approved Waste Handling Plan. 12. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 13. In the event washing of vehicles will occur on site,the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of DEVELOPMENT STANDARDS-AGGREGATE INDUSTRIES-WCR, INC. (AMUSR#905) PAGE 2 vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 14. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to individual sewage disposal systems. 15. Adequate toilet and hand washing facilities shall be provided for employees and patrons of the facility. 16. Portable toilets may be utilized on sites which are temporary locations of the working face and portable processing equipment, etcetera, for up to six(6) months at each location. 17. The facility shall provide a permanent, adequate water supply for drinking and sanitary purposes if mining resources from Use by Special Review Permit#1350 are processed on this site, significantly extending the life of the site. Bottled water is acceptable for the extended mining of this site due to the inclusion of 1-2 and 1-3 property only. 18. The operation shall comply with the Occupational Safety and Health Act(OSHA). 19. The site shall comply with the Mine Safety and Health Act(MSHA). 20. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 21. All operations on said described parcel shall be in conformance with the Weld County Flood Regulations including: a) No fill, berms, or stockpiles shall be placed in the 100-Year Floodplain of the South Platte River which would obstruct passage of flood flows. b) All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 22. The off-street parking and loading zones shall be surfaced with either gravel or the equivalent and shall be graded to prevent drainage problems. 23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm run-off. 24. The existing Road Maintenance Agreement with C & M Companies, aka Aggregate Industries, for this location(Weld County Road 6)remains with the Use by Special Review plan use. All conditions accompanying this Road Maintenance Agreement are still in effect. 25. All gravel trucks transporting materials out of the area on County roads shall ensure that their loads are covered, thus reducing loose materials on the roadway and the amount of damage to vehicles. DEVELOPMENT STANDARDS -AGGREGATE INDUSTRIES-WCR, INC. (AMUSR#905) PAGE 3 26. All gravel trucks and other vehicles leaving the site shall not bring foreign materials onto the roadways on their tires. 27. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency(FEMA)including a Letter of Map Revision if determined to be applicable. 28. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points of ingress and egress to clearly identify the boundaries of the site. 29. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 30. Section 23-4-290.C of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light,except in the case of public or private emergency, or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to the operation of administrative and executive offices or repair and maintenance facilities located on the property. 31. Hours of operation will be one shift during daylight hours,Monday through Saturday. Hours of operation in the winter months (November through April)will be 7:00 a.m. to 5:00 p.m., and in the summer months(May through October)will be 7:00 a.m.to 7:00 p.m.,with limited hours of operation during the summer months. 32. Existing trees and ground cover along public road frontage and drainage ways shall be preserved,maintained,and supplemented,if necessary,for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 33. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. 34. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15,Articles I and II, of the Weld County Code. 35. The plant material on site shall be maintained in accordance with the approved Weed Eradication Plan. 36. A proponent of the project shall notify the Department of the Army, Corps of Engineers,for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act, if any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site. 37. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. DEVELOPMENT STANDARDS-AGGREGATE INDUSTRIES -WCR, INC. (AMUSR#905) PAGE 4 38. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 39. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 40. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code 41. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 42. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 43. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the Weld County Code in order to reestablish any Use by Special Review. 44. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Davis, Connie From: Charlotte Davis[cdavis@co.weld.co.usj Sent: Friday,June 01,2007 11:56 AM To: Davis, Connie Subject: FW: AMUSR-905 Attachments: Charlotte Davis.vcf I�=r Charlotte Davis.vcf Original Message From: Charlotte Davis Sent: Thursday, May 31, 2007 2:34 PM To: Michelle Martin Subject: AMUSR-905 Michelle, I am in receipt of information for AMUSR-905 regarding the use of the bathroom facilities at Aggregate Industries by Patrick Broda employees. I have reviewed the information and confered with Trevor Jiricek, Director EHS, about the use of AI's bathroom. It has been determined that the back filling of the mine is part of the reclamation process and the use of AI 's bathroom facilities is appropriate. If you have questions or concerns please let me know. Best regards, Char Charlotte Davis, MPH Weld County Department of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415 x2208 FAX (970) 304-6411 1 May 15,2007 Ms. Michelle Martin,Planner Weld County Dept.of Planning Services 4209 CR 24 %t Longmont,CO 80504 AGGREGATE Re: AmUSR905 —Platte Valley Operation INDUSTRIES Broda Landfill Activity Dear Michelle: It has been some time since we discussed with you questions that Planning Services has regarding the activities related to import and backfilling of inert fill at Aggregate Industries' Platte Valley Operations under AmUSR-905. Due to the lack of import activity,we have not been actively pursuing this matter;however Mr. Patrick Broda,with whom Aggregate Industries has contracted via a lease agreement to perform this phase of site reclamation,would like to proceed with getting the electrical service necessary to this activity and to obtain any County approval necessary to using a portable,temporary shed in conjunction with this activity. As you requested, we are submitting in writing a discussion of activities associated with the import and backfilling operations. I have previously provided to you copies of communications with Weld County which indicate that no additional permits are required by Weld County for the landfill activity,however when Mr.Broda met with you regarding use of a small shed in association with this activity,questions were raised by the Planning Department concerning potential additional impacts. A major concern that you expressed was with regard to Planning Service's understanding that Mr. Broda was proposing an additional access directly onto Highway 85. No new public access is proposed. The inert landfill activity uses the same access as that which is used by Aggregate Industries under the approved AmUSR-905. Enclosed for your reference is a reduced copy of the extraction plan map with the site entrance noted at the north end of the property on Weld County Road 6. Another concern was related to any increase in truck traffic. The import of inert landfill material is not expected to increase truck traffic above the estimations upon which AmUSR-905 received approval. Trucks that are hauling import fill material into the site arc typically those which are already being used in M's operations,in other words,a truck that comes in with a load of import material is then loaded at M's plant for hauling out processed material. We would note that overall traffic counts in this area have not,nor are they expected to,exceed that which was projected under the traffic impact study prepared May 10, 2000 for the combined impacts of Aggregate Industries' Platte Valley site,the Mobile Premix Concrete (LaFarge) Riverhead Operation and Asphalt Paving's Perry Pit. The greatest combined impact Aggregate Industries West Central Region,Inc. Connie N.Davis,Land Resources 1707 Cole Blvd., Suite 100 P.O.Box 337231,Greeley,CO 80633 Golden, CO 80401 (970)336-6526 Telephone.303-985-1070 An Equal Opportunity Employer 9 AGGREGATE INDUSTRIES Ms.Michelle Martin,Planner,Weld County Dept.of Planning Services May 15,2007 Page Two assumed all three sites at full operation at the same time;however the traffic intensity,timing and life cycles of these operations are not occurring as projected. Neither Aggregate Industries nor Asphalt Paving is operating at full capacity, and operations at the LaFarge site have not commenced. We would further note that,while the greatest combined traffic impacts have not,and will likely never be realized,Aggregate Industries constructed improvements including the decel/right turn lane from WCR 6 to southbound SH 85,the accel lane on SH 85 southbound, and the SH 85 northbound decel, left turn lane to westbound WCR 6 without contribution from Asphalt Paving and Lafarge. Aggregate Industries also donated land to Weld County to accommodate widening of the bridge on WCR 6. At the suggestion of Kim Ogle,I met with Char Davis of the Weld County Health Department to discuss any concerns that she may have regarding water and sanitary facilities for employees of the import/backfill activity. Enclosed is a copy of a letter addressed to Char in which I have requested that she respond to you regarding her acceptance of our proposal that such employees will share in the use of AI's existing facilities. The remaining issue is with regard to the use of a 10' x 16' shed in association with the import of inert fill material. Al and Broda acknowledge that a building permit may be necessary for this temporary structure and commit to obtaining the appropriate permits from the Building Department if required. We appreciate your time and consideration in reviewing these responses. If you have additional questions or require additional information, please contact me at(970)336-6526. Very truly yours, -1.%vntP 7l_ et,' Connie N.Davis Land Resources Assistant Enclosures cc: Patrick Broda,Broda Landfill Aggregate Industries-WCR,Inc. -File Connie N.Davis,Land Resources P.O.Box 337231,Greeley,CO 80633 (970)336-6526 May 15,2007 W . Char Davis Weld County Department of Public Health and Environment 1555 N. 17i°Avenue A GG REGATT Greeley,CO 80631 INDUSTRIES Re: AmUSR905—Platte Valley Operation—Broda Landfill Facilities Dear Char: Several months ago I met with you to discuss activities related to import and backfilling of inert fill at Aggregate Industries' Platte Valley sand and gravel mining operation under the above-referenced Use by Special Review permit. The import/backfill activity is in accordance with the approved uses for the site. AI has contracted out this reclamation phase of its activities under a lease agreement with Patrick Broda. When Mr. Broda met with the Planning Department regarding use of a small shed in association with this activity, some questions were raised which we are attempting to address. The issue requiring your input was with regard to the availability of water and sanitary facilities for employees associated with the landfill activity. You advised that a portable toilet would not be acceptable,but that you would recommend either a vaulted system or shared facilities with Al. At the time of our meeting, however,you thought that there may be a requirement that shared facilities would have to be located within 200-feet,and the distance between the landfill activity and Al's facilities is approximately 1200 feet. Following our meeting you called and advised that the 200-foot rule had been removed when regulations were re-written in 2005. AI proposes to share with Broda its water and sanitation facilities located at 1859 U.S.Highway 85 and permitted under SP-0400207. There are only one or two employees associated with the import/backfill activity,which does not increase the load on M's existing sanitary facilities above its designed capacity. The system was designed for a maximum of 12 employees. Al's base of employees using this facility has remained under that maximum throughout its operations. In fact,Al's employee base at the Platte Valley aggregate operation has decreased due to the removal of extraction activity to an adjacent site. Employees who were associated with the extraction activity are no longer working within Platte Valley operations. I believe that you suggested that we provide you with a copy of an agreement that verifies that Broda employees will have access to Al's facilities;however our lease agreement with Broda was executed two years ago and is not specific on this point. By this letter AI commits to making its facilities available for use by Broda,and a copy of this letter is being provided to Broda for his verification of Al's commitment. If you have any questions or need additional information,please do not hesitate to call me at(970)336- 6526. As it has been some time since we discussed this, I would also be happy to meet with you again if Aggregate Industrietonnie N.Davis,Land Resources West Central Region, Inc. P.O.Box 337231,Greeley,Greeley,CO 80631 1707 Cole Blvd., Suite 100 Phone: (970)336-6526 Golden,CO 80401 Fax: (970)378-6856 Telephone:303.985.1070 An Equal Opportunity Employer S AGGREGATE wnuraics Ms.Char Davis,Weld County Department of Public Health and Environment May 14,2007 Page Two it would be beneficial to your review in this matter. I am enclosing for your reference a copy of the USR extraction plan map with the location of Al's facilities and Broda's landfill activity noted thereon. If AI's proposal and commitment to share facilities with Broda meets with your approval,I would appreciate your communicating your approval to Michelle Martin in Weld County Planning Services,as she is our point of contact regarding the Broda matter. I would also appreciate receiving a copy of your communication to her for our records. Thank you for your time and consideration. Very truly yours, ell'neek 17- Ste Connie N. Davis Land Resources Assistant Enclosure cc: Patrick Broda,Broda Landfill Michelle Martin, Weld County Planning Services Aggregate Industries-WCR,Inc. -File Connie N.Davis,Land Resources P.O.Box 337231,Greeley,Greeley,CO 80631 Phone: (970)336-6526 Fax: (970)378-6856 d • tee.�� G/ ` ;� , ....-----C....2,4( � II�� 1 '°u^'� urn. ° ..m �1 nil l I J ' • �• J r C m • i:,„,a , :1__. �/�/1l auk ; _Fir-ids-rim.. � f" a / _o.,,a / r ��. , �... C\)_ .aAMSrI . ••� ; 1�1 legs � f — �d iii ii 17 / "'"` (^o.nrrnr«+\.*nprr++) I: (4 („„o00,} /. '• O1 ^` �` \ ..."3.i. 0• °inCELL f i1 O 4,V1 CRL] • — III • — m m. :f Er .m ,tr CELL l pae.ra.• ' . -- i. ® _ T vI I;u z rte- . �. A L o a o 0 .. . .r�'• •" .i o rip' O ..soa ro. G a w z \ 6 �^ i` - . w.cv a e/< i 4 o iiigay " I �((/��11y 0 - --_�.--��`i'� �x r7 -s .., _ 4 ® �m 1,\ _.,... f ,,1 ....6c-is-s24 s`u.4. \-�i4� I l l '(�w!� �.d .a �1r— —_i -�1 i l—©—_ \r__ PROPERTY WITHIN 200 /`BOqq I 1 ��f'•"�� , _... — `. Lw /�i// /fcf//ifya. 5Cua/lat/or �`,. �On;: I 54 I %nci//ties w i1e ........w .•......+. LECEMDo v .v.-m..., _ - ..a ro.o. zI�.E TYPICAL CULVERT CROSSING TYPICAL HAUL ROOD ii ..... .. ..,...�. .��. ...v _ r---— ...r..w.wit" 1 r IIIMT oo..FCC . ax uru amx. ,.a .nw�f'w�rt�'w�w ss 4 7-"--(`="-- 104. v ru_vwc ac..wst w 40 _ _ _ rowan nat.u<w✓oun 160.0•6 Ifle 1 mama moo P110•05113, 4:;i tigiii%'5ii405111iS e.;�leffe. agg:5'/r1k4 .a.,.r.r. ... TYPICAL MINING FACE SECTION II2(/w-/I/ STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 MINERALS FAX:(303)832-8106 GEOLOGY RECLAMATION•NINING SAFETY•SCIENCE November 15, 2005 Bill Owens Governor Russell George Connie N. Davis Executive Direnor Aggregate Industries Ronald W.Cattany West Central Region, Inc. Division Director 1707 Cole Blvd., Suite 100 Natural Resource Trustee Golden, CO 80401 RE: Backfill Notice— Inert Materials,Platte Valley Operation, Permit No. M-1989-120 Dear Ms. Davis: The Division approves your request to regarding your Inert Fill Backfill Notice, per Rule 3.1.5(9), received on September 21, 2005. We appreciate your cooperation on this matter. Sincerely, Thomas A. Schreiner Environmental Protection Specialist Cc: Carl Mount, DMG(via E-Mail) • • Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey GNo2tST1Ne WSW.- rktie'- 2-061 OPEgoseliaJ h1AOt. Mb IS • t,it eAa S)A.5. acr-t=v+3i4Grr • TYPE ' oevems> MA'te046 —9 MtgT ?WS. off, klOr akePArr. 44449 I $, 7 Moto e-e ca 4- g (Al 1.dn+9PtL4-, VAG , tia-o MOMrr (7-( 41. Gil 4nhiC;" SrD'' bat~rl-tot Ltd 1-1q7 l tali s O Q -- QM `b2 b4 ver A-Kt0149- , 9 nrC 9,0 3 kmt Gbcn6 tN-m nem - • o✓rsty& 9r•o4- c26 4 M7 aal 6Gfit�Il jytrl cS-4o5 (2‘4,2A2A-t42,94 , 7 GtG M,c�,��a�� so 0j keva 1141 P()) -k at • --- m w yT, _- ec r-_l Imo GPm S J - I (d cocain o Yen.: 2,Ws-Mt. g 1 it r , Mr:A -& ( 9inx • t)r -pc AGGSTc- W u-t-w(- It yaw- WPfld-- KP-OOts r ti+r U'? Mac' PtPoieurba a-nr , tw9fS rziy t 2 t_„svicl 'i' J > 1.AOUD95 I7--'I1rWe114, -j sprin". %33 NON ( heln- e s1J a W wen" A-C-130SZ Wes' P.O.Box 337231 Greeley,CO 8016- Phone: (970)338-65Hi Fax: (970)37&8856 AGGREGATE INDUSTRIES Fax 1b Mark Molen Front Connie N.Davis Land Resources Assistant tree (303)452-4515 Pages: 2 PhwaF (303)450-1800 Cate 12/1/2005 Re Broda Landfill l at Platte Valley CC: ❑Urgent O For Review ❑Please Comment O Please Reply O Please Recycle • Comments: Following is a copy of DMG's letter approving the request to allow tnaakfil of import material at Platte Valley. Molen & Associates, LLC Environmental Consulting Mark A Molen 2090 E 104th Ave,#205 President Thornton,Colorado 80233 303-450-1600 303-519-7877 cell mmolen(<i 1west.net ✓ten. a �Vv..I uv a J.i 1 I\VI 1-fT:1ti.0. Jr1 I L 11'nlV�•I I\3L.J J I V J I V VV.JL• I�.a STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St,Room 215 COLORADO Denver,Colorado 80203 DIYISI0N OF MINERALS Phone:(3p3)866,3567 FAX:(303)832.8106 GEOLOGY 11EGLAMATION•MINING SAFE7Y•SCIENGE November 15,2005 Bill Owens Governor Russell George Connie N.Davis Executive Director Aggregate Industries Ronald W.Caftan), West Central Region,Inc. Division Director Natural Resource Trusree 1707 Cole Blvd.,Suite 100 Golden,CO 80401 RE:Backlit!'Notice—Inert Materials,Platte Valley Operation,Permit No.M-1989-120 Dear Ms.Davis: The Division approves your request to regarding your Inert Fill Backfill Notice,per Rule 3.1.5(9),received on September 21,2005. We appreciate your cooperation on this matter. Sincerely, -&.;1/4ett Thomas A. Schreiner Environmental Protection Specialist Cc:Carl Mount,DMG(via E-Mail) Office of Office of Colorado b.An.wI 1 and Reclamation Active and Inactive Mines Geological Survey November 8,2005 AGGREGATE INDUSTRIES Mr. Mark Molen Molen&Associates 2090 E. 104th Avenue, Suite 202 Denver, CO 80233 Re: Inert Fill Operation at Aggregate Industries' Platte Valley Operation Weld County Use by Special Review Permit AmUSR-905 State Division of Minerals and Geology Permit No.M-1989-120 Dear Mark: Enclosed is a copy of Aggregate Industries' letter to Tom Schreiner at the Division of Minerals and Geology in response to his questions related to the material import and backfill activity to be conducted by Patrick Broda at the above-referenced operation. Copies are also being provided to Mr. Broda and to Cindi Etcheverry at Weld County Health Department. It is my hope that the letter sufficiently responds to the Divisions concerns and that Tom will get back to us quickly. If I have not heard anything by Monday,November 14,I will give him a call. Very truly yours, C��-, Connie N. Davis Land Resources Assistant Enclosures Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer Certified Mail-Return Receipt No. 7002 0860 0007 5578 7622 November 7, 2005 AGGREGATE Mr. Tom Schreiner €fWUSTRIES Environmental Protection Specialist Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Notice of Material to be Imported for Backfill Permit No. M-1989-120, Platte Valley Operation Dear Tom: This letter is in response to questions raised in your letter of September 26, 2005 regarding Aggregate Industries' (AI) inert backfill notice dated September 20, 2005. The main concern expressed was whether or not the site is adequately bonded for the proposed activity. The backfill cost estimate referenced in your letter, which addresses backfilling 8066 cubic yards of overburden in a stripped area of Cell 4, is only a portion of the reclamation for which this site is bonded. The Division holds a total reclamation bond for this site in the amount of$754,732. This amount was based upon the Exhibit L calculation prepared by AI and submitted to the Division on December 1, 2003. The calculation for Cell 4 includes a total of 344,232 cubic yards of backfill. Enclosed for your convenience in reviewing this matter are reduced copies of the Exhibit C and Exhibit F drawings. It is M's desire to increase the area to be backfilled in Cell 4 to facilitate a reduction in the -final groundwater lake surface proposed in Cells 2 and 4. The import of a potential 603,000 cubic yards of fill material as proposed in the Notice would accommodate the originally proposed and the increased backfill area. The approved permit for Platte Valley already provides for a variance in groundwater lake size in Cells 2 and 4 by as much as 25%, which would be an increase or decrease of 33 acres, without requiring a technical revision. The area to receive the imported fill material is shown on the Exhibit F Reclamation Plan as Phase 4 and will further extend to the north boundary of the groundwater lake area. Backfilled areas will be reclaimed in accordance with Exhibit E of the permit, as follows: The backfill material for this area will be placed and compacted to provide adequate stability for the anticipated future use. The final elevation of the backfilled area will be at least 2 feet Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer Mr.Tom Schreiner,Division of Minerals and Geology November 7, 2005 AC REE'sTE INDUSTRIES Page Two above the estimated maximum local groundwater elevation. In addition,the final backfill elevation in this area will be as near to the existing and surrounding ground elevation as possible(depending on the availability of backfill material). Grading will create relatively flat surfaces appropriate for industrial uses. Any slopes remaining will be reclaimed to a minimum 3H:1V grade. As final slopes are graded,topsoil will be placed to provide a growing medium for the revegetation cover used to stabilize the area prior to the final land use. (p. 10, Exhibit E, Platte Valley Pit Regular 112 Operation Reclamation Permit Amendment, July, 2003) Clarification regarding reclamation in this area was also provided in responses numbered 13 and 14 of AI's December 1, 2003 response to the Division's adequacy review as follows: 13. The reclamation acreage has been clarified on the revised Exhibit F, Reclamation Plan map attached. The groundwater lake to be created in Cells 2 and 4 will be approximately 55 acres in size, or include roughly 40 percent of the proposed mined area. Other areas of the mining pits will be backfilled for wetland/upland and industrial uses. If the configuration of the proposed groundwater lake changes, or the size changes by more than 25 percent of the proposed mined area, the applicant will provide a technical revision to the Division with the fmal groundwater lake size and configuration. 14. The proposed final land use for the Platte Valley site includes future industrial use. However, it is not the intent of the operator to develop industrial use on the site. It is anticipated that these areas will ultimately provide for industrial use, because the areas are zoned industrial by Weld County. The proposed amendment areas zoned for industrial use will be backfilled and graded by the operator. The backfilling will include a cover of at least 6 inches of topsoil. The areas will be revegetated with native grasses to provide stability and minimize erosion until future industrial land uses are applied. In response to your question regarding the maximum amount of imported inert fill material that would be stockpiled, waiting to be pushed into the excavated pit area at any one time, it is anticipated that imported inert materials will be placed on the same day as they are received and not stockpiled. Placement of inert fill will occur in an approximate one acre area at any one time and will continue in such area until the elevation of the backfilled area is in accordance with the permit, as noted above. The original application materials for Amendment 1 indicated that inert materials would be used for backfill, and Al responded to the Division's adequacy comment on this matter in the December 1, 2003 letter as follows: "If applicable, the applicant agrees to provide to the Division with (sic) the appropriate notices and affidavit certifying that the material used for backfill is clean and inert in • Mr.Tom Schreiner,Division of Minerals and Geology AGGREGATE November 7,2005 INDUSTRIES Page Three accordance with Rile 3.1.5(9) of the Construction Rules and Regulations." Al's September 20, 2005 Notice was submitted to the Division in accordance with that commitment. Thank you again for your time and consideration in this matter. If you have any further questions, please do not hesitate to contact me. Very truly yours, Connie N. Davis Land Resources cc: Mr. Patrick Broda, Broda's Inert Fill Ms. Cindi Etcheverry, Weld County Aggregate Industries-WCR, Inc. -File �� J j ® -p p x Nr, •mo o. O w X91- II s ® / III . �r' 0. s °° s - • ` 1( - i \ j ' II APPR XINA Ot J • 3 -� y Q V . / r- iR:� LL11 �� ANTICIPATED FUTURE• • LOCATION OF . .r`.�"Y'/ t 7 - 55 AA CONVEYOR BRIDGE _Y 1 �- -:-: �T�=-,s r�: .�:I i• .•� l .. . . - 25' MIN. l� ` _ ₹ £ 1 e �/ 1 1 /L 1 / — - I I t 1FACT NERR MCC£ /JJmay - P GATHERING) P«n n-7,---q T-O 1 7-, ill 1 • I- 'g\ (RETINA OIL) : t.4fii s %- : '1 CELL2 - ii • t 1 e ^- I Ti .I O _ w • r: C daa i i CELL 1 1 \V�: CELL 3 , 0 0 1- a' G \\ - c - ORIGINAL PERMIT .1 - j 1 ` { G so- . - BOUNDARY ` 1 ' 1 25' NI .� a Ili m -1 _ `� IiI ! �.. 0 1 G 1. `- 42 mQ o , Th 1 i 2i CZ I WI / 5�0 MIN D Q I f J ' 1 m Io�l C ' II It) 'I .- CELL - '\,\I 1 1 _ , ✓�� T� '� G '�-i _ ♦•4 -1 _c I I /? 1::,. �— ^_---__ - .. t I II I / OA -•� - 1 �.� - ASPFiACLJ T �," GO It- _ �„�,. - 'c i' =':3 1 iL!ri s0`C�$��..�_.—...le S L` -1— 1� �:Thp \ �✓ I �:.� y_ tom , J�r` �h ---J �y le (i t:`+-!�" rA f% - _. _ �'w+� +�' `-- 1 r� CEp,L 5 - - 1j'`/�� - II it_L ( III I /�---L i 1 o nMENDED PERMIT' - I t �,} ��t j �� i e. - = , \\ rte.%/ \•� 0 ® `�Y O , BO NDART. - /r v /1 � IL, , 1/ BAolp ,O o I : 6 csi i Qr +4t IIIYYY I I o tezi ". BlueoMR \ - ,� / '_ ••e GETTING 1 l. . 1 f=o r p\\ I // ') ' (n7 \ 25' MtN fr \ - �� r - $ITE - �IR l tl �1TE' I PORTABLE RECYCLINC7IPLANT 1I 2 v // En ! �� - Mljt ar. ' ,€ f ;:, �,. \\x�_BIuaDAao �c�, ��I, -_ � es I — L, Iry. A T IlI $3 I� "lai .X. I. -MI _ -- \ t .1�.. 1 lg5 '':321. � — �=1/ — � W� _ „'-- UNITEp P�VER� NEI — — — — _-- lI J I \/ti F-_, �, ---- --► Is ` •S 1 i US.HIGHWAY 85 (COLORADO DEPART-MEM OF TRANSPORTA ON __CD PROPERTY OWNERS WITHIN 2001 w 7 900E 1•= nt on P nl Number 7/1 I'OMUN g84NM4 _ 1. CAMAS Colorado Inc. 147130000002 3605 S. Teller Si 147130000005 _ Lakewood, CO 80235 _ 147130000006 200 100 0 200 400 600 147130000010 - 147130000093 1471300000ga OLEN RR 2. DJR Well Service Inc 147190000010 - - - 12563 CR6 LEGEND: Bnghion, CO 80601 3. KL2 Radio Inc 147130000095 s - _ �— "�� EXISTING WATER COURSE Attn. Donald B. Crawford P.0 Bas 3003 - — 0O EXISTING TREE CLUSTERS Bluebell, PA 19422 - ` no - F.. EXISTING STRUCTURES 4. Rittenhouse Donald L & 147119000006 t - ' Suzanne — —P— EXISTING POWERUNES 205 N Pate Road Dayton, WA 992313-8724 -- VARIES - - - — —G— — — EXISTING GAS - - PERMIT - EXISTING FENCE 5. Clonawn Dena B- Testa 147130800016 BOUNDARY 600 17th St Ste 2700 S .. - - _ - beaver. CO B0202-3725 _ - DOSING S2B0 PRE—E%ISt1NG CONTOURS .�.■ S 1 GROUND i MI : 1 I 1 e� ORIGINAL PERMIT BOUNDARY 6 Boumg rt Robert L A - 10130000081 / - Sharon A /// . - AMENDED PERMIT BOUNDARY beet 989 Hwy 65 Bright CO 80601 - _... mR 7 Double B Development Corp. 1 471 300000 92 '/// /j/TS/OB2/% /L ////// / // // // / // MINING UNITS Dom / G // // /G{///i///////j// L/ NOTES: _ _ GENERAL DIRECTION OF MINING Brighton, CO 80601 - VERTICAL OR - CENTRAL COLORADO WATER $v1e 0. Sourer, Peter L and Cynthia S. 1¢>ll,200093 )H=1V 1. THE MINING CELL LOCATIONS ARE CONCEPTUAL CONSERVANCY DISTRICT WELLS 754 Weld County Rood 23Yf _ �' MINING FACE - DUE CONDITIONS. VARY SLIGHTLY Brighten CO 80601 - - - — -• OVERBURDEN/TOPSOIL STOCKPILE AREAS THEIR SIZE MD SHAPE MAY ^ _ __ TO SITE I W+:. POTENTIAL TEMPORARY SANG AND �RAV-L - _ EN 0 S. Consolidated Mutual Water i¢>13D000001 - ----- _--'-'-2r TS) CELLS WILL BE THE U MINING CFI EAI N I -• 3 _a 12mpany SELECTS) CELLS WILL DUSED FOR CREATION PROPERTY PARCEL LINE BOUNDARY Lakew riW.d O Ave.1 - - _ OF SEDIMENTATION SSIER PONDS TO SUPPORT THE Lakewood. CO 80215 PROCESSING OPERATION. 10. Chavez. Guadalupe L and M. 147130000067 j/j///%j/•////////jj5j j///j///j2jj///////,'j%i/j//j//2-/�jj/'•/////00/ 1`AGGREGATE MATERIAL FROM PROPOSED Hudson.P. r COa80942 <0j/j/2jiR//%�//i% %/%;?�/i/�/%��i% i%�i� o./<j%% i%/ i/� _ _ _ IMPOR:r'"D. FOR JACENT REGATE INDUSTRIES SITE MAY BE PROCESSNG AND RECLAMATION. _ Sheet 11. Cottonwood Water Ski Out, LTD. 147130300090 c/o Norman C Speak 3382 Nvon Dr - / 1 / Wheat ridge. CO 80033 TYPICAL MINING FACE SECTION - (,.J`,��.Q..� ✓/4;2/v3 • . . c:, II ^P1511TtE;�. "��- = '_ ^ '�, :¢ d s ili z b lI N _ . .'s; a}Sw :i3LF .._f-a7--- i l) 1 - ^.i ( - .'-' VIII I l 07 ^ - - �' - -lfi '- , jrOy sq�5 ✓ F' 4 - t5, . ty _-1�1 X11 , 1 FACILm -- — -5,34--^ g, z ;:eta 7---',4:---s..-t:v 111i 0, 111 I 1 1 iilil~ ws�J,'� J ro “ j #` ''R2 � ,u 'm� 1 II: _ _ - 111' ; PHASE 3 - I I / � �- "'Fy 1 I - 1 BACKFILIED FOR __ \r r jr: / i / i 2`.1 t #'" ca _.."'u + 1 111 II 1 0 0 "4.44k-F. PHASE Y' /" ' „� - -,; ,. '�'x' 1 111I 1 li __.• - _ -y a-r .; ite-t.� 1 II PHASE 1 III\\I II i wEtIAND/uP!wNO 1 :�_�' _ __ F pBACKFlLLED FOR / IS-;:; '°' a� -,ti4�- ' 1 - - X111 ARE/5 1' a a Q `,'� WEDANO/UPLAN� ¢ - >X � BACKFlLLED FOR dA. WETLWD/UPLAND 111 I } J Q ' AREAS i/a' '� 1 °r"� �. I —ARFASI11 1 I LL 117 G- i //,t r«- .' r� cam.' .z A' t4„�v.N" '. R I / 1 1�' // E K s '� 3 F' -�` I` I 11 1 \ J Z / i s yf r - 3' 1 `II 1II \ II ~ J1 ---- ( /i' P' +'$3' .}' .^ .. '" z„„1 IV'I - - (/ - - 1 ; - CO ¢ p.�� (1 / / F,T �'f `o- -c ._fir 1 1, ! III 1 N . _ > ¢ ------ . /3 'a "'" w3 r a ?xN '&e=s4 s n o- -1 1 111 Y � o� GRO NdWATER LAK a.I ill 041-- '�� X w ) 1 // ll ° fill 24 f i Hi ��< fir Y 1 Ar v --s --%-N SC Ij 1 111 N -- --mss ----' 1• • a F: / 1 ,* S:. a gEY k"' s a. 5 , 11 .a 'F+v' ri C.« o-'�. ,, N4 I II 111 • _ -rv\�� czl ° ❑ 11 -4 - �` 'd.y As't' m hl,j1•.2_p• 7 aF+r- a fl-62; �T' ;y"7n4a ': 1 I _ _ - 11 p pl�a q in! it 4014,114 "' '�'�' ��ry�`t {"cam. -.1� ":„ra Ts"�'us- s' r.`'' ;,1,I J'_ ; �v.`�5 1 O I� L I�r'(a'ydK mFh,�, vt a'b.a a' *'`J `r �+jg^ s`�'.wc'�, 1 s,.a' ... '.v�-w.�u x.:u. u, q x.s w.s..y o-:i _ i i 11/ il ,___A ll ^11 -.lh'M d^ ..z �- -�.�. Fy .v* a s ;.r - II �,a » s. s 1 J �� / �_��z " ":a.- +s ''' ""v�"�`- p r I1 �. . w.-x'F`, a� 3"„r i l _ ,� \•\\t ` • I: ----;:--1 ' -31' a ..n ''1`'1,3,."3 an'� -tw- le ' �- o^, I r rs_;cg; c �„r. ." L- y x� r >,4 i .1� _ _ � �.t't4` I._.r.,yr 'i�/f1N�i1 J _ 1 1 1 _ 'ro t7, c � ` I Al, N/_,/ _�.`__1,-/ / %I./.� fcl J II: PHASE 5 �� r .� 0 W4J,llJ, i L� p 1 a � . 71-1 // PHASE 4 - I P lit;` �-- --, F- i��- /% ,- //'ik� 1 'S�BACKFILLm FOR FuruRE ; o -3$ ./ �� /� ^�T 1 INOUSRIUL USE. Q =, RACHEL= FOR + lir. / / �J ^�`� 1J INCLUOINC CONCRETE — sell rp� -� , RPl1RE INDUSTRIAL USE Y 1 ilJy T S - /�\� l J�\�-`�� BATCH PIAM (' ' z 7i ri C. 1 J A 1' "."'? 5'a fi "bas, 1 / i �/1� /V/ a ; • O r-- _�_- p_-,.,„„,_'4„3-__-_-_____-_-__- -__ _Illy _-_ _ ~ —= L 1 U.S.HIGHWAY r` i 1 / 7 / - sue I'-2oC I/ 1 OMPN MIWM _ - _ - _ 200 100 0 200 400 600 SCUP FM Y I LEGEND: ,' �...� I EXISTINGWATERCOURSEQCEXISTING TREE CLUSIEHSI �oEXISTINGSTRUCTURESiam O] —P— EXIGBNG FOWEEr L1NE5 ht W —G EXISRNG GAS Dan _- - EXISTING FENCE m�cN__ 5280 PRE-EXISTING CONTOURS s��= __ NOTES: MINING LIMBS AMENDED ?ERNE' BOUNDARY IXISPNG WELL WERAND/UPLAND AREA _ --__.._- _- 4 1V - 3 1, THE MINING CELL LOCATIONS ARE CONCEPTUAL - — THEIR SEE AND SHAPE MAY VARY SLIGHTLY BACKFlLL � ��' DUE TO SITE COMMONS MATERNL GROUNDWATER LAKE 1 MBER 4 �� ALLJV U -, r S •,�•- 2. THE EXTERIOR WADS OF CELLS 2 AND 4 /�� CREATING THE GROUNDWATER LAKE WILL BE /f/�� /� / ��i/ AS MININSLOPED G PROGRESSNO LESS ES N 3H 1V AND SEEDED {moo /� ✓ %�yK, A te / i ./11/4//B 3 she-- ...SECTION AUTHORIZED SIGNATURE SIGNATURE - DATE • EXHIBIT E Reclamation Plan Final reclamation for the Platte Valley Operation will include creation of groundwater lakes and backfilling. The backfilled areas will include pastureland (with areas of created wetlands) and land for future industrial use (see the Reclamation Plan Map, Exhibit F). Some of the created wetland areas will provide mitigation for the adjacent Wattenberg Lakes site (Permit Number M2001008), while other areas may be used for wetland banking. The size of the groundwater lakes and backfilled areas will depend upon the availability of backfill materials, but the groundwater lakes will be no greater than 100 acres and no less than 10 acres. As backfilling occurs, the areas within the currently permitted site boundary will generally be backfilled for pastureland/wetlands while the mine cell within the proposed amendment area will be backfilled for future industrial use. The office and shop buildings and concrete batch plant will remain on the site following reclamation. In this area of Weld County, mining, water storage, and industrial businesses are predominant land uses along the State Highway 85 corridor. In addition, the western side of the mine site consists of riparian areas along the South Platte River. Therefore, the combination of proposed post mining uses is compatible with surrounding land uses. The remaining area within the proposed permit boundary will consist of access roads and reclaimed or otherwise undisturbed land. The approximate acreage of each of these areas is: Final Land Use Area (acres) I Backfilled for wetland/upland areas 30II Backfilled for future industrial use 19 Groundwater lake and backfilled for 52 wetland/upland areas Groundwater lake and backfilled for future 32 industrial use Access roads 1 Reclaimed or undisturbed land 56 TOTAL 190 Some roads inside the proposed amendment area and existing permit boundary will remain for accessing and maintaining the wetland mitigation and banking areas and CCWCD wells. Conveyor systems 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. As mining progresses overburden and rocess fin will becom ed for ac filling o the excavated mine cells. Additional overburden, process_fines and Inert material from the Wattenberg Lakes mine site (Permit Number M2001008) and other sites will also Etcamt—Z5.T.lable fb l arkFlling of the mine cell a Platte Valley Operation DMG 112 Permit Amendment Page 8 Backflled Areas In Phase 1 of the reclamation, mining Cell 1 will be backfilled to create intermixed wetland and upland pastureland as mining progresses. The created wetland areas will provide mitigation for the adjacent Wattenberg Lakes site (Permit Number M2001008) and a source for wetland banking. Created slopes will generally be shallow and flowing, but will be at a minimum 3H:1V. The final elevation of the backfilled area will be determined by estimates of the local groundwater elevation. In general, the mine cell will be backfilled to a height approximately 2 feet above the average groundwater elevation. Although the back₹dled ground elevation may be below the high groundwater elevation in the created wetland areas, backfilled elevations will still be high enough to prevent permanently exposed groundwater. It is anticipated that the majority of the backfill material for Cell 1 will be co cessin�_ facrlrty, but overburden material from the site and the adjacent Wattenberg Lakes site may also be used. For amation during Phase 5, overburden material will be available to backfill mining Cell 5 for industrial use, including the existing concrete batch plant. Additional overburden material will also be available from the adjacent Wattenberg Lakes site. The backfill material for this area will be placed and compacted to provide adequate stability for the anticipated future use. e ma e eva i e ac rl e area will be a east 2 feet above the estimated maximum local groundwater elevation. In addition, the final backfill elevation in this area will be as near to the existing and surrounding ground elevation as possible (depending on the availability of backfill material). Grading will create relatively flat surfaces appropriate for industrial uses. Any slopes remaining will be reclaimed to a minimum 3H:1V grade. As final slopes are graded, topsoil will be placed to provide a growing medium for the vegetation cover used to stabilize the area prior to the final land use. Groundwater Lake and Backfilling During the concurrent reclamation in Phases 2, 3, and 4, the mining cells will be graded to create groundwater lakes. The combined surface area of the groundwater lakes will be no greater than 100 acres. Although reclamation during Phase 2 will create a groundwater lake within Cell 2, Phase 4 of the reclamation will likely create a groundwater lake that combines Cell 2 and Cell 4. During reclamation and creation of the groundwater lakes, areas of Phases 2, 3, and 4 may also be used as sedimentation basins for the on-site processing facility. Reclamation in Phases 2, 3, and 4 will include backfilling, grading, and seeding to create groundwater lakes from the mining pits. As grading and seeding is completed in each phase, the groundwater lakes will be allowed to fill, reducing the extent of disturbed area during the mining operation. However, the final size and extent of the groundwater lakes is not fixed. Although the groundwater lakes will be created and stabilized for final reclamation, they may be partially or completely backfilled to reduce their overall surface area. As overburden and other material becomes available from the site and the adjacent Wattenberg Lakes site, the lakes will be backfilled to create areas for either pastureland with created wetlands (Phases 2 and 3) or future industrial usejPhase 4). Since parts Of Cells 7, 3, and 4 may also be used as sedimentation basins, it is likely that process fines will also compose a portion of the backfill material during Platte Valley Operation DNIG 112 Permit A inendaient Page 9 reclamation Phases 2, 3, and 4. The final surface area of the groundwater lake will not be less than 10 acres. For the backfilled areas in Phases 2 and 3, the final ground surface will contain slopes that are generally shallow and flowing, but will be at a minimum 3H:1V. The final elevation of these backfilled areas will be determined by estimates of the local groundwater elevation. In general, the backfill will be to a height approximately 2 feet above the average groundwater elevation. Although the backfilled ground elevation may be below the high groundwater elevation in the created wetland areas, backfilled elevations will still be high enough to prevent permanently exposed groundwater. Portions of the groundwater lake that are backfilled in Phase 4, including the proposed amendment area, will be backfilled for future industrial use. The backfill material for this area will be placed and compacted to provide adequate stability for the anticipated future use. The final elevation of the backfilled area will be at least 2 feet above the estimated maximum local groundwater elevation. In addition, the final backfill elevation in this area will be as near to the existing and surrounding ground elevation as possible (depending on the availability of backfill material). Grading will create relatively flat surfaces appropriate for industrial uses. Any slopes remaining will be reclaimed to a minimum 3H:1V grade. As final slopes are graded, topsoil will be placed to provide a growing medium for the vegetation cover used to stabilize the area prior to the final land use. As groundwater lake slopes and backfilled areas are graded, topsoil will be used to.provide a growing medium for vegetation. 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:1V grade. Reclamation Measures/Materials Handling The mining and backfilling will create the rough topography for the land uses. The backfilling and grading will be done to provide stabilized pastureland and future industrial areas and to minimize erosion. The backfill material will consist of native bedrock claystone, process fines,. overburden, other inert materials, and topsoil. The material will be generated from the Platte Valley Operation, the adjacent Wattenberg Lakes site (Permit Number M2001008) and other sites. 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 and within the proposed amendment area is generally 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 Platte Valley Operation NAG 112 Permit A mendment Page 10 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 backfilled mine cell 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 and reclamation phases, the amount of topsoil stocicpiled 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 backfilled or 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: Groundwater lake side-slopes below the anticipated water level will not be seeded. Based on the soils in the area, the following upland seed mixture is recommended: Area Cover Application Raters 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. Wetland Areas. The replacement wetland areas and areas to be used for future wetland b anking will be planted and seeded with native wetland plants. A detailed revegetation plan for the Platte Valley Operation DMG 112 Permit A mendment Page 11 wetland areas is available in the Clean Water Act Section 404 permit application for the Wattenberg Lakes site (Permit Number M2001008) 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 lake and wetlands may create additional opportunities for aquatic birds, mammals, and fish. Platte Valley Operation DMG 112 Permit A mendment Page 12 September 20,2005 AGGREGATE G INDUSTRIES Mr. Mark Molen Molen &Associates 2090 E. 104th Avenue, Suite 202 Denver,CO 80233 Re: Inert Fill Operation at Aggregate Industries' Platte Valley Operation Weld County Use by Special Review Permit AmUSR-905 State Division of Minerals and Geology Permit No.M-1989-120 Dear Mark: Enclosed for your records is a copy of the Notice of Material to be Imported for Backfill and the supporting Affidavit as referenced therein. These documents are being submitted to the State today. A copy of the letter transmitting copies of the enclosed documents to Cindi Etcheverry at Weld County is also enclosed for your records. Thank you for faxing copies of your communications with her. Very truly yours, ! 1 G07.--yw i"27. ri Connie N. Davis Land Resources Assistant Enclosures Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer September 20, 2005 S Ms. Cindi Etcheverry Environmental Health Supervisor AGGREGATE Weld County Department of Public Health & Environment U' DUSTR!ES 1555 North 17th Avenue Greeley, CO 80631 Re: Inert Fill Operation at Aggregate Industries' Platte Valley Operation Weld County Use by Special Review Permit AmUSR-905 State Division of Minerals and Geology Permit No. M-1989-120 Dear Cindi: Mr. Mark Molen of Molen &Associates has previously corresponded with you regarding an agreement between Aggregate Industries and Patrick Broda for the import of inert fill material to Aggregate Industries' Platte Valley sand and gravel mining operation as referenced above. Mr. Molen indicates that you advised that Weld County does not need any additional permits for such filling operations, however he requested that I provide you with a copy of the notice for such activity as required under the State Division of Minerals and Geology permit. I am therefore enclosing for Weld County records a copy of the Notice of Material to be Imported for Backfill and supporting Affidavit as referenced therein, which are being submitted to the State Division of Minerals and Geology. Very truly yours, �J 7--":59S-en-L, 4. Connie N. Davis Land Resources Assistant Enclosure cc: Mr. Patrick Broda Broda's Inert Fill Aggregate Industries-WCR, Inc. -File Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer Certified Mail-Ruturn Receipt No. 7005 0390 0003 1200 6497 September 20, 2005 Mr. Tom Schriner AGGREGATE Environmental Protection Specialist N.C'US E Ri S Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Notice of Material to be Imported for Backfill Permit No. M-1989-120, Platte Valley Operation Dear Tom: This letter is submitted as Notice to the Division of Minerals and Geology of Aggregate Industries-WCR, Inc.'s intent to backfill inert structural fill generated outside of the approved permit area into the excavated pit at the above-referenced operation. In accordance with DMG Constriction Material Rule 1.1.5(9), the following information is provided in support of this Notice: (a) Inert fill material will be obtained from a variety of off-site sources ranging from excavation activities for construction of basements and buildings, land clearing, demolition projects, and road and highway construction. This material will be incorporated into the reclamation of the sand and gravel mine site operated under MLRB 112c Permit No. M-1989-120, located at 1859 N. U.S. Highway 85, Brighton, Colorado. (b) The approximate volume of inert material to be imported and backfilled as set forth in (a) above is estimated to be a maximum of 603,000 cubic yards. (c) Enclosed is an affidavit certifying that the material to be imported is clean and inert, as defined in Rule 1.1(20). (d) It is anticipated that hauling of import material to the site and backfilling with the imported material would commence upon approval by the Division of this Notice or, if the Division does not respond, within thirty(30) days of the Division's receipt of this Notice. Importation is expected to continue for a minimum of 5 years after commencing the backfilling operations. (e) The imported material will be temporarily stockpiled in excavated areas of the mine and will be backfilled in accordance with the approved reclamation plan. (f) The area to receive the imported material for backfill is already incorporated into the post-mining configuration and will support the approved post-mining land use, as set Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden,CO 80401 Telephone:303-985-1070 An Equal Opportunity Employer Mr.Toni Schriner,Division of Minerals and Geology September 20,2005 AGGrEPGATE IES Page Two forth in Exhibit F of the original permit application. (g) The material will be placed and stabilized in accordance with the approved reclamation plan as set forth in Exhibit E of the original permit application. Thank you for your consideration in this matter. If you have any questions, please call me at (970) 336-6526. Very truly yours, � .., .' Connie N. Davis Land Resources Assistant Enclosure cc: Mr. Patrick Broda, Broda's Inert Fill Ms. Cindi Etcheverry, Weld County Aggregate Industries-WCR, Inc. - File • AFFIDAVIT AND INDEMNIFICATION STATEMENT STATE OF COLORADO ) ss. County of Weld The undersigned Affiant is importing inert structural fill materials from a variety of locations within the state of Colorado, to the Platte Valley sand and gravel mine operated by Aggregate Industries-WCR, Inc. (AI)under Division of Minerals and Geology Permit No. M-1989-120,and located at 1859 N. U.S. Highway 85, Brighton, Colorado. Affiant hereby certifies and affirms that said soils are clean and inert, and that there are no known materials contained in said soils that would significantly affect the inert nature of these soils, nor are there any acid forming materials or toxic producing materials in said soils. Furthermore, by signing this Statement, Affiant shall indemnify and hold harmless AI in the event it should be determined that any soil provided to AI is contaminated with any regulated pollutant and/or poses environmental harm. Affiant shall assume all liability and costs associated with the removal, disposal, and negative impacts of any contaminated material provided to AI. Dated this pRCttfi-day of Jo(lst ,2005. AFFIANT: Broda's Inert Fill Company Name By: !� � �✓ Subscribed and sworn to before me this i("day of ( L.L gXIS V , 2002 by e.L. `e / ? nd and official seal. . 9/ `N( be • I CAROLINE D. Rt ( � L)HULL tit /RI A. ,pQ�' Notary Public My Co Aires: �� /1 ,�(} Hello