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HomeMy WebLinkAbout20013503.tiff 1 s i 1 1 PLATTE SAND & GRAVEL L.L.C. 1 1 1 S & H MINE 1 WELD COUNTY, COLORADO Regular 112 permit December 2000 1 i 1 APPLICATION FOR A MINED 1 LAND RECLAMATION BOARD 1 CONSTRUCTION MATERIALS PERMIT i 1 PREPARED BY ENVIRONMENT, INC. 1 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 b C Ei ; ftc 13031 423-7297 ;- C: f goo/—3503 1L/s4/55 1 • • 1 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY IUup411111 nl u(Natural Resource) --Q4 1111 Sherman 5l., Room 215 NIrISION u Denver,Colorado 60201 MINERAL I Phone. (3031866 3567 _E.1 & G E 0%: 13031 632 8106 I 0I G ' M fEGf wnno. MINING•f AfETI CONSTRUCTION MATERIALS Bill Owens ' REGULAR OPERATION (112) Govern., RECLAMATION PERMIT APPLICATION FORM G,egE.Wakher E.CCInive Dun i IMichael a long Di.rnui CHECK ONE: XX New Application (Rule 1.4.5) Amendment Application (Rule 1. 10) IConversion Application (Rule 1.11) Permit # M - - - provide for Amendments and Conversions of existing permits) IllThis application for a Regular 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 Ito include one ( 1) signed and notarized IVORY ORIGINAL and four (4) copies of the completed ivory application form, five (5) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit) , and a check for the application fee described under Section (4) below. Exhibits should not be bound or in 3-ring binders; maps should be folded Ito 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. I GENERAL OPERATION INFORMATION Type or Print clearly, in the space provided, all information described below. I 1. Applicant/Operator Name (name to be on Permit) : Platte Sand & Gravel LLC 1 .1 Type of Organization (corporation, partnership, etc. ) : Corporation I1.2 I.R.S. Tax ID No. or Social Security No. : No tax Id at this time. 2. Operation Name (Pit, mine or site name) : S & H Mine I3. Permitted Acres (new or existing site) : ,239.40 permitted acres 3.1 Change in (+ or -) acres 3.2 Total acres in Permit area 1239.40 acres I 4. Fees: 4.1 New Application: $2,344.00 application fee 4.2 New Quarry Application: $2,904.80 'quarry application 4.3 Milling Application (non-DMO) : $3,100.00 milling application I 4.4 Amendment Fee: $1,938.00 amendment fee 4 .5 Conversion to 112 application (set by statute) $2,344.00 conversion fee 5. Primary commodities(s) to be mined: Sand Gravel I5. 1 Incidental commodities(s) to be mined: 1. / lbs/Ton/yr 2. / lbs/Ton/yr 3. / lbs/Ton/yr 4. / lbs/Ton/yr 5. / lbs/Ton/yr I5.2 Anticipated end use of primary commodities(s) to be mined: Construction Aqqs. 5.3 Anticipated end use of incidental commodities(s) to be mined: • NOTICE OF FILING • FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Platte Sand & Gravel LLC (the "Applicant/Operator" ) has applied for a regular ( 112 ) reclamation permit from the Colorado Mined Land Reclamation Board ( "the Board" ) to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Mined Land Reclamation Division ( "the Division" ) and the local county clerk and recorders office. The applicant proposes to reclaim the land to private recreations and pasture. Pursuant to C.R.S. 34-32 .5-116 ( 4 ) (m) , C.R.S. , the Board may confer with the local Board of County Commissioners before approving the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20 ) days of the date of last publication notice pursuant to Section 34-32 .5-112 ( 10 ) , C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Minerals and Geology, 1313 Sherman St. , Room 215, Denver, CO 80203 , (303 ) 866-3567 . Platte Sand & Gravel LLC December 21, 2000 Hand Delivered STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY t I' U° oI of Wool g4)011101$ 44 III)51re1n1ao S1„Koons 215 Ille l f l on 0 Demve, Colorado t10401 MINERAL PLuoe: 130.111166-3567 - s, GE FAX. (70)1 01211106 •I COEOG ' CIAn n,lpl M IInn4•lA1l11 CONSTRUCTION MATERIALS Bill Owens REGULAR OPERATION (112) E""e1I"" RECLAMATION PERMIT APPLICATION FORM C,esE.Waldltt tge,wlve O6,:go1 Nmluel 0 1 onC oncem CHECK ONE: XX New Application (Rule 1 .4.5) Amendment Application (Rule 1. 10) Conversion Application (Rule 1 . 11) Permit I M - - - provide for Amendments and Conversions of existing permits) This application for a Regular 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 ) signed and notarized IVORY ORIGINAL and four (4) copies of the completed ivory application form, five (5) copies of Exhibits A-S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit) , and a check for the application fee described under Section (4) below. Exhibits should not be bound or in 3-ring binders; maps should be folded to 8 1/2" X 11" 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. 1 . Applicant/operator Name (name to be on Permit) : Platte Sand & Gravel LLC 1 . 1 Type of Organization (corporation, partnership, etc. ) : Corporation 1 .2 I.R.S. Tax ID No. or Social Security No. : No tax Id at this time. 2. Operation Name (Pit, mine or site name) : S & H Mine 3. Permitted Acres (new or existing site) : 1239.40 permitted acres 3. 1 Change in (t or -) acres 3.2 Total acres in Permit area 1239.40 acres 4. Fees: 4. 1 New Application: $2,344.00_ application fee 4.2 New Quarry Application: -$2-,904-.00 'quarry application 4. 3 Milling Application (non-DMO) : $3-,-100,-00 milling application 4.4 Amendment Fee: -$1-,-938-.00- amendment fee 4. 5 Conversion to 112 application (set by statute) $2-,34¢,-00 conversion fee 5. Primary commodities(s) to be mined: Sand Gravel 5. 1 Incidental commodities(s) to be mined: 1. / lbs/Ton/yr 2. / lbs/Ton/yr 3. / lbs/Ton/yr 4. / lbs/Ton/yr 5. / lbs/Ton/yr 5.2 Anticipated end use of primary commodities(s) to be mined: Construction Ages. 5.3 Anticipated end use of incidental commodities(s) to be mined: • -3_ • 14. Correspondence Information APPLICANT/OPERATOR (name, address and phone of name to be used on permit) Individual's Name: Rocky Hoffschneider Title: Operations partner Company Name: Platte Sand & Gravel LLC Street: 1300 Harlan St. City: Lakewood State: Colorado Zip Code: 80215 Telephone Number: ( 303 ) - 274-4474 Fax Number: ( 303 ) - 274-4464 PERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Stevan L. O'Brian Title: Consultant Company Name: Environment, Inc. Street: 7985 Vance Dr. , Suite 205A City: Arvada, State: Colorado Zip Code: 80003 Telephone Number: ( 303 ) - 423-7297 Fax Number: ( 303 ) - 423-7599 INSPECTION CONTACT Individual's Name: Rocky Hoffschneider Title: Operations partner Company Name: Same Street: City: State: Zip Code: Telephone Number: ( 303 ) - 274-4474 Fax Number: ( 303 ) - 274-4464 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not applicable Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not applicable Street: _ City: State: Zip Code: Area Code: Telephone: -3- � 14. Correspondence Information APPLICANT/OPERATOR (name, address and phone of name to be used on permit) Individual's Name: Rocky Hoffschneider Title: Operations partner Company Name: Platte Sand & Gravel LLC Street: 1300 Harlan St. City: Lakewood State: Colorado Zip Code: 80215 Telephone Number: ( 303 1 - 274-4474 Fax Number: ( 303 ) - 274-4464 PERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Stevan L. O'Brian Title: Consultant Company Name: Environment, Inc. Street: 7985 Vance Dr. , Suite 205A City: Arvada, State: Colorado Zip Code: 80003 Telephone Number: ( 303 ) -- 423-7297 Fax Number: ( 303 ) - 423-7599 INSPECTION CONTACT Individual's Name: Rocky Hoffschneider Title: Operations partner Company Name: Same Street: City: State: Zip Code: Telephone Number: ( 303 ) - 274-4474 Fax Number: ( 303 ) - 274-4464 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not applicable Street: City: State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not applicable Street: City: State: Zip Code: Area Code: Telephone: . • -5- • Responsibilities as a Permittee; Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully 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 full explanation. 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 financially warranty is forfeited; IA___ _ 2 . The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regula- tions, or that information contained in the application or your permit misrepresent important material facts; 0/ 3 . If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4 . Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; \ 5 . It is your responsibility to notify the Office of any changes in your address or phone number; \,_'! 6 . Upon permit issuance and prior to beginning on-site mining ac- tivity, you must post a sign at the entrance of the mine site, which lallnibee clearly visible from the access road, with the following formation ule 3 . 1 . 12 ) : the name of the operator; a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, k the permit number. � _ boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. . • -6- • , 8 . It is a provision if this permit that the operations will be VVV conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Min- �1 1Q eral Rules and Regulations in effect at the permit was issued. Min- a9 . 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 an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. __ NA 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 Lhe representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant of the Office prior to the decision date so that you will know what changes may have been made to the application. 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 the Office's review and decision or appeals process, you may contact the Office aL ( 303 ) 866-3567 . • • Certification: As As an authorized representative of the applicant, I certify that the operation described has met the minimum requirements of the following terms and conditions: I . To the beet 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 affected are have been identified in this application (Section 34-32.5- 115(4) (e) , C.R.S. ) ; 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115 (4) (f) , C.R.S. ) ; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Constructions Materials (Section 34-32.5-120, C.R.S. ) as determined thru a Board finding. 4. I understand that the 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 date this OCI� day of Le( ¢H^ 6e k ;20O6 � / V(n�+ \\\ pplicant/o er.( ),AA„, � or If Corporation/Attest (Seal) By; Rocky hot fschne i.der By: '/' v'"�("" A-Pi"�1if/ ---- /C rporate Sec�yyetary,p Equivalent Title: __Operations Partner / Town/Ci y/Coun y Clerk State of COLORADO ) ) es County of _JEFFERSON _) 7-Ai Thu forgoing instrument was acknowledged before me this 2O day of iThe—Cag e2, 2000 , by _. Rocky Moffschneider as Operations Partner of _Platte Sand and Gravel ILC . ��AS L.oz, Notary Public * 'Mr ��. /� �� My Commission expires: ./o -Oc, — ZoQf_ t U4/LS/9/ 282 31(2O.112 CiA\PVBLAC :llcz3i 1 OF Ceivw,:' • a1za ,1 / � / 1 1 1` If '1n j'� 1. _ V/I � �n - 1 , ls-1�A 1/� MUIUAI 1 I iii27 Y , - 51 06 � '1( � ' � 764 > pl o n� p_ // / i', 1 •r _..°AiI :Rails 62 A %O1 o k , • a° /)/` % Ci.. 7 // ) 7 3 1 4764 — W_C 13 10 y , J 1. �� 7 — •-4)65 �, ) ���' 1 / 1 C f ,i (r / ��;, , '\ 3 it .,„ a>64 36 „ S —a y, b • o l /7. 7 a1 sr , �� _I a(. orn l i_L / �IF \ � i• 'wen 4752 , I 1 II 1 4,70 T4tih I I \,T 3h° / I a ene-- °ey a]is - w_ c 6.7_,.!(> . _._i. U NN / X76 II iiii tine Stag I 1 ___ I __ / n PI y I A A II i 3 1 2 \ { 1 Well• 1 4741 • I ' ii— I 3 Ty 1 3 i i 2 1 tti2 N' ._4_=nom_=_=_�Ze..7 � .• 1 n , ♦JB6 I VICINITY MAP — EXHIBIT — B-1 \\:. c PLATTE SAND & GRAVEL LLC S & II Mine OI • 11 I 10 • PANTS IM SECT-P 2SECTIOP 2t. AND PANTS. SLLTION 34. AND 4790 PANTS ITT SLLI llN I 4 N, 11 u / W AND PARIS ll1 SECTION 2, l' '3 N. R 67 W, en I TIME Gill P.M., WELD CDINTL. Lot DIunOLI. 2 I • -2- • I 6. Name of owner of surface of affected land: See Exhibit O If 2 or more owners, refer to Exhibit O. 7. Name of owner of subsurface of affected land: See Exhibit O I 7.1 Names of the holders of any recorded easements on the affected land: (see Exhibit O) 8. Type of Mining Operation: XX Surface Underground ' 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld ' PRINCIPAL MERIDIAN (check one) : XX 6th (Colorado) _ 10th (New Mexico) _ Ute SECTION (write number) : S 35 ITOWNSHIP (write number and check direction) : T 4 XX NORTH SOUTH RANGE (write number and check direction) : R 67 EAST XX WEST IQUARTER SECTION (check one) : XX NE NW SE _ SW QUARTER/QUARTER SECTION (check one) : NE XX NW SE _ SW ' GENERAL DESCRIPTION: (the number of miles and direction from nearest town and approxi- mate elevation) Approximately 2.5 miles northwest of Platteville, CO, West of WCR 23, ' from WCR 36 on the south to WCR 42 on the north, approximate elevation 4750. 10. Primary future (Post-mining) land use (check one) : I Cropland (CR) Pastureland (PL) General Agriculture (GA) Rangeland (RL) Forestry (FR) Wildlife Habitat (WL) Residential (RS) XX Recreation (RC) Industrial/Commercial(IC) ' Developed Water Resources (WR) Solid Waste Disposal (WS) 11. Primary present land use (check one) : I Cropland (CR) Pastureland (PL) XX General Agriculture (GA) Rangeland (RL) Forestry (FR) Wildlife Habitat (WL) Residential (RS) Recreation (RC) Industrial/Commercial(IC) I Developed Water Resources (WR) I 12. Method of Mining: Briefly explain mining method (e.g. truck/shovel) : Open pit sand and gravel, removed with a dredge and processed. Some area may be dry I mined by dewaterinq the excavation area. Loaders and scrapers will be used in the dry area. I13. On Site Processing: XX Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel) See above I I List any designated chemicals or acid-producing materials to be used or stored within the permit area: Not applicable I • -3- • ' 14. Correspondence Information APPLICANT/OPERATOR (name, address and phone of name to be used on permit) I Individual's Name: Rocky Hoff schneider Title: Operations partner Company Name: Platte Sand & Gravel LLC I Street: 1300 Harlan St. City: Lakewood State: Colorado Zip Code: 80215 ITelephone Number: ( 303 ) - 274-4474 Fax Number: ( 303 ) - 274-4464 IPERMITTING CONTACT (if different from applicant/operator above) Individual's Name: Stevan L. O'Brian Title: Consultant I Company Name: Environment, Inc. Street: 7985 Vance Dr. , Suite 205A ' City: Arvada, State: Colorado Zip Code: 80003 Telephone Number: ( 303 ) - 423-7297 IFax Number: ( 303 1 - 423-7599 INSPECTION CONTACT IIndividual's Name: Rocky Hoff schneider Title: Operations partner Company Name: Same I Street: City: State: Zip Code: ITelephone Number: ( 303 ) - 274-4474 Fax Number: ( 303 ) - 274-4464 ICC: STATE OR FEDERAL LANDOWNER (if any) Agency: Not applicable IStreet: City: I State: Zip Code: Area Code: Telephone: CC: STATE OR FEDERAL LANDOWNER (if any) IAgency: Not applicable Street: I City: State: Zip Code: IArea Code: Telephone: I • -4- • ' 15. Description of Amendment or Conversion If you are amending or converting an existing operation, provide a brief narrative describing ' the proposed change(s) . I ' Maps 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 I below as Exhibits A-S 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. IWith each of the five (5) signed application forms you must submit a corresponding set of maps and exhibits as described in the following references to Rule 6.4 and 6.5: I EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands I EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map IEXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information IEXHIBIT J Vegetation Information EXHIBIT K Climate Information I EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right to Enter I EXHIBIT 0 Owners of Record of Affected Land (Surface Area) and Owners of Substance to be mined. EXHIBIT P Municipalities Within Two Miles IEXHIBIT Q Proof of mailing of Notices to County Commissioners and Soil Conservation District I EXHIBIT R Proof of Filing with County Clerk and Recorder EXHIBIT S Permanent Man-Made Structures RULE 6.1.2(1) (b) ADDENDUM 1 - Notice Requirements (sample enclosed) IRULE 6.5 - Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A-S, Addendum 1 and Geotechnical Stability Exhibit I are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1) (b) of the Rules 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. I • -5- r ' Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important I requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, I in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for full explanation. I A 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 I reclaim the affected lands associated with your mining operation in the event your permit is revoked and financially warranty is forfeited; ' \ 2 . The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or I conditions of this permit, the Act, the Mineral Rules and Regula- tions, or that information contained in the application or your permit misrepresent important material facts; 1 ) 3 . If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil I penalties, to you as permittee can result; I�\ 4 . Any modification to the approved mining and reclamation plan I from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5 . It is your responsibility to notify the Office of any changes I - in your address or phone number; ' 6 . Upon permit issuance and prior to beginning on-site mining ac- tivity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information I (Rule 3 . 1 . 12 ) : a. the name of the operator; Ib. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, ' c. the permit number. I ‘ - 7 . The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to ' delineate such boundaries prior to site disturbance. I r' -6- • I 8 . It is a provision if 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 Min- ' JJ` eral Rules and Regulations in effect at the permit was issued. F., 9 . Annually, on the anniversary date of permit issuance, you must ' 111 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 I 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 an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. ' NA 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 COMMENTORS/OBJECTORS: ' It is likely there will be additions, changes and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant of the Office prior to the decision date so that you will know what changes may have been made to llthe application. 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 the Office's review and decision or appeals process, you may contact the Office at ( 303 ) 866-3567 . I 1 . 0 ' Certification: As an authorized representative of the applicant, I certify that the operation described has met the minimum requirements of the following terms and conditions: I 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 affected are have been identified in this application (Section 34-32.5- 115(4) (e) , C.R.S. ) ; 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115 (4) (f) , C.R.S. ) ; I 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 Constructions Materials (Section 34-32.5-120, IC.R.S. ) as determined thru a Board finding. 4. I understand that the 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. n rt\ signed and date this OCo day of 6 c, etnn 6 e2 , Q UUO IND fEl✓ IIpticant/o er or If Corporatioq/Attest (Seal By: Rocky Hoffschneider By: / (//2 /L/ rporate Sec etary,9 Equivalent Title: Operations Partner Town/Ci y/County Clerk State of COLORADO ) I ) ss County of JEFFERSON ) ' T/! The forgoing instrument was acknowledged before me this 2(0day of DLsC.G•tF1E2, 2000 , by Rocky Hoffschneider as Operations Partner of Platte Sand and Gravel LLC . ' JAN L0B (���el crib Notary�ioraRr 4r /� w My Commission expires: le—OGi—Zoot j 04/25/97 2823FCO.112 N P ^ /O II ., UBL1 FAlt UP CO t" I I I I I TABLE OF CONTENTS PAGE ILEGAL DESCRIPTION - EXHIBIT A 1 ' VICINITY MAP - EXHIBIT B 2 INDEX MAP - EXHIBIT B-1 3 IMAP EXHIBIT C - AFFECTED LANDS 62 ' MAP EXHIBIT C-1 - MINING PLAN 62 MINING PLAN MINING PLAN AND TIMETABLE - EXHIBIT D 4 I RECLAMATION PLAN RECLAMATION PLAN AND TIMETABLE - EXHIBIT E 13 MAP EXHIBIT F - RECLAMATION PLAN 62 I BASELINE INFORMATION WATER INFORMATION - EXHIBIT G 22 I WILDLIFE STATEMENT - EXHIBIT H. 23 SOILS & VEGETATION- EXHIBIT I/J 24 SOILS MAP EXHIBIT I-1 45 I CLIMATE - EXHIBIT K 46 ADDITIONAL INFORMATION RECLAMATION COSTS - EXHIBIT L 47 I OTHER PERMITS AND LICENSES REQUIRED - EXHIBIT M 48 SOURCE OF LEGAL RIGHT TO ENTER - EXHIBIT N 49 OWNERS OF RECORD OF AFFECTED LAND-SURFACE AREA - EXHIBIT 0 51 I MUNICIPALITIES WITHIN TWO MILES - EXHIBIT P 52 NOTICE TO COUNTY COMMISSIONERS - EXHIBIT Q 53 NOTICE TO SOIL CONSERVATION DISTRICT - EXHIBIT Q 54 IPROOF OF FILING WITH COUNTY CLERK AND RECORDER - EXHIBIT R 55 PERMANENT AND MAN MADE STRUCTURES - EXHIBIT S 56 ' APPENDIX PUBLISHED NOTICE OF APPLICATION FILING FOR A MINED LAND RECLAMATION PERMIT 58 I CERTIFICATE OF SECRETARY 59 PUBLIC NOTICE 60 PROOF OF PUBLICATION 61 • ' EXHIBIT A LEGAL DESCRIPTION ' The SE' and parts of the SE4NEk, SW'NEk, NEkSW34, SE'SW', SW4SWk & SE'NW', Section 26, and Parts of the SEnNE', and SW1/4NE4, Section 34, and All of the WANE', SEA, VISA, NWIASW' and NWT and parts of the NE'NEk, and SEINE' of Section 35, T-4-N, R-67-W and Parts of the NE', SEh, EllSW4 and the ELINW1/4, Section 2, T-3-N, R- 67-W, of the 6th P.M. , Weld County, Colorado. Containing 1, 239 .40 ac. more or less . t 1 1 1 ' 1 I a ring . 4924— , ���� IIP 1 1 , / J��j k y \III r i re �� 11 �E)Lpt ` ' ' + PIS \� MUTUAL f I N. 7 27 �I �P /26N. N '., ..,-Pc- � __�S ��^✓�\ / 1+ F Q60_ Well 4]62) •••• - - \ 1 I F S = o r1 0 II � Rul • I / ' n6n WC12 410 '`\.%"---- a it 'q 9165 J` /S 1V 11 I 1 • n I 1 3 1 �J 4 n 35 I I. Well/ 'a]6s 36• 1 ,( it 0 q orn _c %I t+ �' bell N I 0 ) ill 4752 4770 1 1 T3 I' a „ 'n]]-6-- wcR-36 . . / C . // N �!l u i 416 1 j I . . VnQ�✓1 IL„ I I (� ii a 1 ; \ _ oI __ ' N ° / I 414) 075 ��em1l� \ 's'eb X60 3 p 2 Well u� O 1 I Cal 11 1 . 3 . III 0" 1 p': 1 -.,--.= ,---,==i21% 2 r� 1 7M I u �� a• N 1 114765 I O>BO ' II 4 • 4 I cr• +� VICINITY MAP - EXHIBIT - B-1 1 \"' c PLATTE SAND & GRAVEL LLC S & H Mine OP I 1 I 7 1O L. 11 PANTS OF SECTION 26. AND PARTS, SECTION 34. AND PARTS OF SECTION 35, T'4 N. R 6] W AND PARTS OF SECTION 2, T-3 N. R 67 W. Dr THE 6TH P.M.. WELD COUNTY. CDt.ORADO. 2 1 • Nunn. `_."{ t. WellingtonI �d --I • `23' i , -r "`zs �__._. ` 5. eds Place P y rigs( �IA r; s ILaport:® ® I Co;btake Pierce • nPfircellQ 3s 71 • l `' - ` le ' e • !I c ': w 1 Ill s: x` , �LI� * aes. t I; Aur' , � • I Fossto I _ ; - . .�p I ' . /Galeton Cornish i7`� _y�',�� ',,,,...0Ijrnri3t e • • 11 l • it.-Lt '� r,, ever a �11 Conviuez"'` Wi dsor 1 • •�- • • y ucome + .arnesvl e �o. jFy► r' :wet,- 1,.. womiarce, WELD s` ,�ri� J City a "e " 04 a e.:ICI Aka •s �. A- - Carter Latham 'aet (ales s. - U dO e a w Iltr....n Salle Jj ' �a0.. -. Y �� kam a- •'SMtwool Berts Corne IA I -).• .`S ings_ - _ C y �,. olit .iLrest CO I Lyons I Mead wee Res tis• • Q� C j i oval's I r friX � 6 Roggen t a nngm — �'+ --1 ' : w4 dl w 7s •� K' _ Ctina ®�i ®� r ter. f ,a • r . �� / , a ILu foie v ' s ,@ ' a aac,nl p ! ',Hudson •ros act Q \ /, r e Ji. • (i}� ! D Valley 3 I,l w+ a it_, a l� I Horse(:Gc=k Res. YP J ,. o- ., • y e • n hhn�lme, / _ _ _ _ - - °' ° ' . ,_ V om�� � • Or n ochbuie t i' tam • .r ,,/ ) j 22 V .. 1Q ' r� Sam Lake I d- , llit Pf t 'Ss t I (x ,I . t o, tilt•"�, l •a n mar • City Y I Golden :I y f_ Bennett Q ' , l_ Walkln 9 Slra 12�" r r/► p. _ ; 0; o 41 ea Ira ILI IJDI ' IS • FRancho , tiv13d!;dale• orriso �.-� ){ LOCATION MAP - EXHIBIT - B-2 ' :rgreen MICR Indian .'-r Little ) '` i' ` Platte Sand & Gravel LLC Hills r BI S & II MINE ' • I i. Co :Ia keland j PARTS OF SECTION 26. AND PARTS, SECTION 34, AND PARTS OF SECTION 35. T-4-N, R-67-W AND PARTS or 3 SECTION 2, T-3-N, R-67-W, OF THE 6TH P.M., WELD COUNTY. COLORADO. ' • • • I I I I MINING PLAN AND TIMETABL exhibit I I I I I I I ' • • ' EXHIBIT D MINING PLAN AND TIMETABLE LOCATION The property is located in Weld County approximately 2 . 50 ' miles northwest of Platteville Colorado along the South Platte River. Please refer to Exhibit B - Vicinity Map for the property configuration and the relationships to surrounding geological ' features. The area to be mined lies in the river bottom area west of the Western Mutual Ditch and south and east of the river. Near the west center part of the property the St. Vrain River ' enters the Platte. The permit area is 1, 239. 40 acres ± and consists of two parcels; one owned by Tom Sharkey and the other by Krystal Hoffschneider. Mr. Sharkey owns 1, 171. 19 acres ± and Ms. ' Hoffschneider owns 68 . 21 acres ± in the southeast part of the site. The PRE-MINING MAP - EXHIBIT C show how the area looks at this time. The northern boundary line of the mined area is the ' center line of the rive and the southern boundary is Weld County Road (WCR) 36 and the Western Mutual Ditch's overflow return ditch. The east line follows the east line of Section 2 , T-3-N, R-67-W and Section 35, T-4-N, R-67-W, to an intersection point with the Western Mutual Ditch. From there it follows the center line of ditch to where it crosses the property line near the intersection of WCR 23 and 401/2. It then goes north along the ' east side of Section 26, T-4-N, R-67-W, to the river. Fences delineate large sections of the south and west line of the permit area. The gravel deposit is an alluvial deposit that averages ' 45+ feet deep across the property and the site elevation is approximately 4750 feet, sea level datum. There are a number of gas/oil wells and supporting facilities on the site. Their location is shown on all maps and ' the approximate location of the gaslines supporting the wells are show. Prior to enter a mining area we will contact a locate service to mark each buried gasline so we know the exact location ' of the line. All necessary precautions will be take to protect and preserve these lines. This may change the final configuration of a lake and will be addressed in our annual ' reports. CURRENT CONDITIONS Map Exhibit C shows the outline of the mining area, the touching landowners, the 200 foot ownership, current topography, and hydrologic features of the property. The land is presently used for agricultural purposes by the landowners. Sections of ' the permit area are river bottom with cottonwood trees and riparian habitat. Some of the area is used as irrigated pasture, and hay field and some is left as dryland area because of its ' marginal range value. Surrounding property uses, on the areas outside the river bottom, include irrigated agriculture or dryland pasture. The riparian areas are used by the ranching ' operation for cattle grazing and some have oil wells located in them. The area that are not actively mined during the life of ' 4 I • • MINING PLAN EXHIBIT D(CONT) ' the operation will continue to be used by the landowners for agricultural purposes. I GEOLOGIC SETTING The affected lands are located along the South Platte River I in a Quaternary age, Piney Creek alluvial deposit. The eastward dipping beds of Upper Cretaceous age are overlain at an angular unconformity by the Pine Creek alluvium. The sand and gravel I encountered in the Piney Creek alluvium are a result of water erosion and redeposition of rock materials from the front range of the Rocky Mountains. The deposition of this material occurred during a time when the river was much larger than it is now. I But, judging from the scarcity of large rocks found at the location, the velocity of the river must have slowed sufficiently to have dropped boulders and most large cobble before it reached I this point. This type material is found from south of Denver to the state line along the South Platte River. The quantity of course gravels and sand vary from a ratio of 80% rock to 20% sand in I Denver to 30% rock 70% sand at Julesburge. We have found along this section of the river deposit has a 50% rock, 50% sand ratio and the deposit is more than 45 feet deep. It appears to be of I fairly uniform depth across the property with deep spots on the south end and near were the St. Vrain Rivers enters the Platte. Overlying the gravel deposit is a thin layer of soil that varies Ifrom 0 to 24 inches, averaging 9 inches overall. SOILS AND OVERBURDEN There are 7 types of soils found on the site. These soils I appear to be typical along the South Platte River in Weld County. They have no unusual qualities and are marginal for agricultural purposes. See the SOILS AND VEGETATION INFORMATION for the I soils information prepared by the Natural Resources Conservation Service regarding the soils information on this site. The soil information presented by the SCS is not site specific, it I describes in general terms the nature of the soils found at this site. Since their data is not site specific, we have supple- mented it with our site specific observations below, and included I the general information as reference material. The 7 types of natural soil on the mining parcel as deter- mined by the Natural Resources Conservation Service, are designated on the soils map as Units 1, 2 , 3 , 10, 16, 21, and 68 . I Descriptions for each soil is part of the NRCS report that is in the Soils and vegetation part of this application. I MINING PLAN Of the total 1, 239 . 40 acres in the permit; 831. 11 acres ± are to be mine, 768. 32 acres ± will be water (lake area) ; 64 . 17 I acres ± will need reclamation and 12 . 75 acres will be roads. The remaining 394 . 16 ac ± to be undisturbed area or setbacks around the mine. The 768 . 32 acres ± of water surface area will be broke 5 IMINING PLAN EXHIBIT D (Coin) ' into 9 different lake areas. Please refer to the Mining Timetable on page 10 for the estimated acreage of each area associated with I the mining parts of this operation. The revegetation plan and methods used during reclamation is discussed in EXHIBIT E - RECLAMATION PLAN. Sufficient quantities of soil will be I available to reclaim the disturbed lands to their present condition. The soils in this area may not be of high quality, but the those salvaged and replaced are representative of what is I there now. The topsoil stockpiles will be located so as to reduce the haul distances when reclamation starts. See the MINING PLAN MAP - MAP EXHIBIT C-1 for the approximate location OR I areas discussed in this text. This pit will be operated year-around, weather permitting, as a specification aggregates supply for our own use or for sale on the open market. It will be a single stage mining operation I located on 1, 239 .40 ac. ± south of the South Platte River and west of Weld County Road 23 . By single stage we mean that the amount of area disturbed will be limited so that mining can take I place on parts of the entire permit area, so long as the total area does not exceed the bonded disturbance limits. MAP EXHIBIT C-1 - MINING PLAN MAP, delineates the proposed mining operation I and shows the part of the property to be mined. Reclamation will run concurrent with mining to reduce the amount of disturbance at any one time. This parcel can be broken into two distinct areas; the area I to be mined and areas that will not be disturbed. The undisturbed areas include river bottom, unminable terrace areas, oil and gas production facilities, and the ranch complex areas. I The areas of river bottom contain large cottonwood trees and riparian habitat is not part of the mining area but is included in the permit should the owners wish to enhance the area for wildlife use during the life of the mine. The mining timetable I shows the various mining areas and are in alphabetical order. The time table does not infer direction of mining only shows the approximate life of each area and the area to be mined. The life I of each area is based on an average yearly production rate and may vary depending on market demands. Mining equipment may include but is not limited to, a gravel I dredge and it's auxiliary equipment, front-end loaders, scrapers, motor graders, a dragline, bulldozers, conveyors, dump trucks and a water truck. Operations will commence in two areas on the site. The I second area is a terrace deposit of gravel in the Highlands Lake area containing an above water deposit that can be mined without exposing ground water. We chose these two area because they are I located on marginal agricultural areas will little or no topsoil. The Sharkey's Lake area is an old sprinkler circle where a sod farm was operated. An infestation of prairie dogs inhabits this I part of the site and have further degraded the pasture. The Plant Site area located in the Sharkey's Lake area will be used to process material from both areas. The topsoil will be I 6 ' MINING PLAN EXHIBIT D (CONT) stripped from this area prior to use and will be stockpiled for use in reclamation. Once this is done and the processing ' equipment is set up, an area of approximately 15. 00 acres will be stripped adjacent and north of the Plant Site, this is where mining will begin on Sharkey's Lake. A dragline will be used to ' open a pond on which a gravel dredge will be set. The dredge is capable of mining to depths of 60+ feet and is the most feasible way to mine this particular type of material. ' Once the dredge and dredge boat are floating, mining will proceed to the north towards the river until the area boundary line is reached along the circular road. The mining face will be worked across the entire lake width as shown on the Mining Plan Map. ' Mining will work in a clock wise direction around this first area until all material is removed. The dredge will then move south of the Plant Site and begin mining to the south to area boundary ' line. This material will be processed at the Plant Site or used to build internal roads needed at startup. In the Highlands Lake area we will start mining on the west end of the terrace deposit, using frontend loaders and scrapers ' to remove the material. As mining progresses in this area we will only remove the material that is above water at this time. This will level the bench off so it is consistent with the lower ' elevations of the area. This area will then be resoiled and seeded until mining returns to mine the entire Highland Lake area later in the life of the mine. t We will employ a dredge to remove the material that is below the water table on the larger lake. Because of the depth of the material, a dredge is the most efficient way to move this material on the larger areas without the cost becoming prohibi- tive. A central pivot point for the dredge will be located on the Plant Site area, this point is where the pipe from the dredge reaches the lake shore. The pivot point may change as mining progresses, in the beginning it will be on the west side of the Plant Site. When mining is complete in a given area the dredge will be removed and the remaining small area under the Plant Site ' will be mined using a dragline. When the dredge is used the extracted materials will be moved to the Plant Site via an enclosed pipe that is part of the dredge. Here it will be run thru a Sauerman or some other piece ' of equipment to separate the sand and gravel we are interested in. The gravel will then be processed and stockpiled in the Plant Site area until it is removed to market. ' As mining ends in the Sharkey's Lake area we will notify the Division what area will be mined next. The size, type or material and market will determine what area will be mined next. Unfortunately we are not able to guess where that may be at this ' time. For this reason the arrows on the mining plan map show the direction mining will take place in the first area only. The plant site may move with mining. We chose a central point ' initially because the amount of gravel in close proximity allows it to be there for a long time and also place it as far from the 7 IMINING PLAN EXHIBIT D (CONT) ' permit boundary as practical. This will serve to limit impacts to surrounding land uses. I At some time it maybe necessary to mine some of the area as dry pits. To do this we will excavate dewatering trenches around the area in question and install a pump to dry the gravel out. Ill Where we are dry mining the material will either be moved using scrapers, large haul trucks or conveyor systems to the processing plant. No matter what method of mining we use, additional area will I be stripped ahead of the mine face and the topsoil needed for reclamation will be stockpiled along the setbacks around the mine area. The rest will be sold or mixed with gravel to make various I grades of product. The salvaged topsoil will be used when reclamation begins in the area where it was removed. It will be needed for resoiling slopes and other areas where we have to I establish vegetation. By limiting the amount of area stripped at any one time we will lessen the visual impacts of the mining operation as much as possible. Please see MAP EXHIBIT F - RECLAMATION PLAN MAP for the approximate shape of the lakes I when reclamation is complete. The amount of land disturbed at one time will be limited to that area needed for processing, batching and stockpiles (Plant I Site) , 15. 00 acres ±; stripped pre-mining area, 10. 00 acres ± and no more than 10. 00 acres ± or partially reclaimed area will need reclamation. This means that there will be 35. 00 acres ± or less I needing some type of reclamation at any one time. Note, that any area covered by water needs no reclamation except in a narrow band below water, around the lake shore, where slopes have to be established to no greater than 3h to lv according to State Law. I The Shop Area is shared with the agricultural operation and is not included in the bond since it will remain when mining ends. The Plant Site area will be the last area to be mined as the I reserves are exhausted. It may remain in the place shown on the map, or moved to the next mining area if it is not practical to haul raw material from the outer areas as mining progresses. I Since a Plant Site will be utilized throughout the life of the mine it will accommodate the processing equipment and may serve as a site for auxiliary uses. These uses may include an asphalt batch plant, a concrete batch plant and/or a concrete casting I facility. As mining progresses around the property the bank slopes will be created in two stages. When a dredge is used the native I materials tend to sluff off the banks and assume an angle of repose of 21/211 to lv. This happens because the material in this area is unconsolidated and vertical slopes can not be maintained as mining occurs. This means that to maintain a setback of 100 I feet when the gravel is 60 feet thick the mining line has be no less than 75 feet inside the setback lines to allow for the sloughing. The second step will be to cover these natural slopes I with some of the material being mine. This will establish the slopes to the prescribed 3h to lv. A dredge makes this fairly simple since the material is contained in solution (water) and I 8 • MINING PLAN EXHIBIT D (coNT) can be pumped and place wherever it is needed. This will also reduce the amount of reclamation work needed on the below water ' slopes. When the dry method of mining is used the side slopes will be mine to their final configuration. A single ditch owned by the Western Mutual Ditch Company ' (WMD) is shown on the maps. This ditch will not be affected by the mining operation and only serves a delineation line on the east side. Internal ditches used by the ranching operations are ' owned by Tom Sharkey and can be relocated or abandoned as mining progresses across the property. In the Sharkey's Lake area there are no ditches that will be affected. The irrigation waste ditch that runs thru the Highlands ' Lake, Bluffs Lake and Lake St. Vrain areas east of the internal road north/south road is owned by Mr. Sharkey. It drains the areas now being irrigated on the south end of the property and ' serves as the transport system for the stock ponds on the north end of the Bluff Lake area. Provisions will be made as the area east of the road is mined to keep it open if needed. The material being mined, whether by a dredge or another ' method using dewatering is essentially wet so we expect no unusual dust control problems. We can only estimate the amount of water needed for dust control at this time. The actual ' amounts needed will be addressed when we apply for the Senate Bill 120 Well Permit thru the Stated Engineers office. Most of the water we use for dust control will be used on haul roads. On a typical operation of this type we use 8 to 14 ac-ft per year. ' We can also expect to lose 4% by weight with the exported gravel. Wherever the mining operation is adjacent to the South Platte River a 200 foot minimum setback will be maintained. This ' is solely for safety reasons and should not be construed as anything else. The only place this happens is on the southwest side of Sharkey's Lake. Along the rest of the river we have used ' existing fences or natural tree lines as the mining limits. In these areas we will maintain an additional 25 feet from the fence or tree line. The setbacks along the Western Mutual Ditch will be a minimum of 50 feet, and in most cases will be below the t ditch. All the setbacks will contain access roads around the mined area and some topsoil will be stored on those away from the river. The setback lines on the map are the indication of the ' mining limits, i.e. the top of the slope into the lake area. Once the bank slopes are established and we are assured the setbacks will no longer be disturbed they will be reclaimed in ' the prescribed manner. It is important to remember that the setbacks discussed above are area mining setbacks. This means that they may be narrower when the area is reclaimed because of natural erosion occurring in the river. We do not plan to armor ' the river side banks under this plan and we expect some erosion over time. The landowners may choose to do work along the river to protect their property. We may so some of that work under ' contract with them but it will not be done as part of this plan. As noted above the area needing reclamation will be no more than 35. 00 acres ± at one time. t 9 IMINING PLAN EXHIBIT D(CONT) ' All interior pit slopes will be maintained with a pit-ward attitude so that there will be no drainage off the affected land. I This same slope management plan will prevent any offsite slides or other disruptions, and will also address some of the storm- water runoff questions arising from the new Clean Water Act. No I water will be discharged from the pit, until we have a National Pollutant Discharge Elimination System (NPDES) Permit that will address dewatering and Stormwater Permit that is now required by law. We have adequate water available to meet the requirements I for evaporative loss. An application will be made for a well permit to address the need for evaporative losses associated with mining in the ground water table. It may become practical in the I future to line the lake areas, making storage reservoirs of some of them. If this is done the necessary permit changes will be made. I MINING TIMETABLE The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of I demand during the life of the mine. We therefore, elect to estimate the mining timetable based on an average year and expect a specific year to vary widely from the average. The estimated I life of each area is the calculated life of the area based on an average yearly production. This list does not imply a mining direction, but rather outlined the various lakes that will be ' created during the life of the mine. I MINING AREA ACRES AVERAGE ANNUAL YEARS PRODUCTION TOTAL AREA MINED AREA TONS/YEAR I Bluff Lake 10-16 143.71 92.83 600,000 Confluence Lake 3-5 39.86 23.18 600,000 I Highlands Lake 4-6 78.03 42.78 600,000 Longhorn Lake 18-20 207.73 118.22 600,000 Lake St. Vrain 3-5 74.32 30.90 600,000 I Krystal's Lake 1-3 51.54 12.70 600,000 Meadow Lake 20-30 212.34 154.10 600,000 ISand Flats Lake 8-10 80.72 61.05 600,000 Sharkey's Lake 47-50 351.15 296.73 600,000 ITotals 1,239.40 832.49 I I 1O ' ` • 1 1 1 1 RECLAMATION PLAN AND TIMETABL[ exhibit t 1 1 1 1 ' • • ' EXHIBIT E RECLAMATION PLAN AND TIMETABLE RECLAMATION PLAN The proposed future use is to be a series of nine private lakes\ponds with surrounding wildlife habitat areas. We intend to create a quiet haven with facilities for private recreational t purposes such as fishing, hunting, boating and swimming. We have prepared this plan to meet the final intended use, i.e. a wildlife habitat reserve and private recreation area. During ' mining the area will continue to be used as a working ranch and farm on the area not mined or being mined. Since the current vegetation and soils in each lake area varies, the plans discussed below are a general description of methods used and it ' will be important to review each area individually as it is mined. In the MINING PLAN, we discussed mining 832 .49 acres ± ' within the permit boundary and creating individual ponds around the area. Please refer to MAP EXHIBIT F - RECLAMATION PLAN MAP to see the location of the areas we discuss in this text. The ponds t created will have irregular shapes and sizes depending on the amount of material available. This will serve to create a more pleasing appearance and improve the use for the landowners. ' Setbacks from our property line will be 25 feet or greater except along the east ditch where we will maintain a 50 foot setback. Along the river we will mine on a 300 feet setback from the center of the river where large trees grow and 200 feet from the top of the bank in other areas. These are mining setbacks and may change due to natural changes to the river channel. In other words we will mine no closer that 200 feet to the river ' bank, but this may be less if the river erodes the bank after mining is complete. We will not rebuild the 200 foot buffer if that occurs. The dividers between the lakes are there because of numerous gas lines serving the gas/oil well around the site. We ' will maintain a 25 foot setback from each side of the centerline of the buried lines. The roads that exist at this mine lie on the gasline ROWs. Around each well we will leave adequate space ' for the oil companies to access and service their wells. For wells in the excavated area we will leave a rectangular pad around the well heads that are in the lake areas. We will mine ' no closer than 25 feet to the well heads. Prior to mining near a well we will work with each well owner to leave them access to the wells. No mining will take place within 200 feet of a well until a working agreement is signed with the oil company ' involved. The proposed setbacks, shown on the MAP EXHIBIT F, define the outside limits of the areas to be mined, this is where the ' slopes into the ponds will begin. Not only will the pond boundaries be irregular but the below-water-slopes will be no steeper that 3 : 1 within the, 5 feet above to 10 feet below area ' around the pond. Shallower slopes may be created in conjunction with the land owners wishes as an area is reclaimed. These ' 11 • i RECLAMATION PLAN EXHIBIT E (cont) shallower areas, may be used as swim beaches, where waterfowl ' decoys can be set and/or fish spawning areas. The reclamation timetable shows the amount of land in each mining area and its final use when reclamation is complete. Approximately 32% of the area in the permit will be undisturbed by mining, either because it is in areas where no gravel exists, in setbacks around well facilities and gas lines, or areas we wish to keep in their natural state. ' As mining progresses the perimeter slopes will be left at or near 3h to lv as discussed in the MINING PLAN. This will also insure, that if mining ceases before it is complete, only a minor ' amount of work would have to be done to finish reclamation in the disturbed area. Other procedures within this plan are designed to minimize the effect of mid-plan stoppage. One example is the ' placement of the soil stockpiles around the setback/perimeter of the mined area. This will place the topsoil where it will be needed for reclamation and will reduce the distance it has to be hauled for reclamation. Usually, this will mean it simply has to ' be shaped and graded. Soils are to be stripped as mining progresses. The plan calls for having no more than 35. 00 acres ± disturbed at any one time. As mining progresses across the property some parts of the property will remain undisturbed while other areas will be either stripped, mined, partially reclaimed or totally reclaimed. The MINING PLAN MAP - EXHIBIT C-1 shows how the area will look when t approximately 32% of the Sharkey's Lake is partially mined. Note how the final slopes around the perimeter of the mined area are complete and only the working face needs any shaping, if mining ended at this time. We expect to salvage sufficient topsoil to meet reclamation requirements. Of the 832 .49 acres ± in the mined area, only 64 . 17 acres ± or approximately 7 . 7% will need resoiling and revegetation. Our observations of the property indicate the average salvageable soil depth is 4 to 6 inches except in isolated locations. Never-the-less, what soils can be salvaged ' will be stockpiled in perimeter areas and used in resoiling when final grading is completed. There appears to be more than adequate soils to meet the demand. The setback areas will not be stripped, so only the dividers and slopes into the lake areas will be resoiled. We will need 52 , 000 YD3 to place six inches of topsoil on the 64 . 17 acres ± to be revegetated throughout the ' life of the mine. Some of the excess soil will be used to fill in areas that will contain cattails and bulrushes in the lakes. The use of soil on under water surfaces, serves to enhance the growth potential in the areas were cattails are wanted. We may also chose to import inert fill as defined in Colorado Department of Health regulations, for reclamation purposes. This offsite ' generated fill material may be used to create fish habitat in the lakes or to armor banks and points to reduce wave erosion. i 12 ' • • ' RECLAMATION PLAN EXHIBIT E (contl 1 The area will be returned to at least it's present ' vegetative condition when reclamation is complete. Because there will be ponds on the property we are not able to return the area is its exact present condition. When complete, the area will be better for wildlife use than before mining began. The Natural Resources Conservation Service (NRCS) report in SOILS AND VEGETATION section gives the background information needed to show we have established the present ground cover percentages ' when reclamation is complete. Existing soils in place have been capable of producing a fairly dense cover of native grasses suitable for grazing purposes when not abused. The NRCS reports the area is capable of producing 2 , 000 to 3 , 000 pounds of forage under its present conditions. We will use this data when doing reclamation to ' establish the success of our work. When final grading and reshaping is complete, the area will be resoiled. Careful analysis of the growth medium and salvage- able soil will permit the operator to implement a soil additive ' program and to monitor the prescribed seeding plan to determine if the plan requires revision. Under normal weather conditions, an adequate moisture reserve will be present for establishment of ' the proposed seed mixture. No irrigation will be used during reclamation as we are trying to establish a vegetation cover that is not dependent on irrigation to survive. ' REVEGETATION PROGRAM The revegetation program to be implemented is detailed below. It incorporates recommendations taken from the report ' prepared by Mr. Norm Wells of the Natural Resources Conservation Service's, Weld County office. His report is located in the SOILS AND VEGETATION section of this application. ' REVEGETATION INFORMATION The topsoiling plan presented earlier and the revegetation ' program are devised after careful review of the existing soil conditions and present vegetation, both on site and in the reports contained in the SOILS AND VEGETATION section. ' Revegetation will be carried out in such a way, so as to establish a diverse, effective and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation, soil amendments or fertilizers. The plan is ' designed to create a vegetative cover that is at least equal in extent to the cover of the natural vegetation before mining. The use of species native to the area are included. Since the intended use of the reclaimed land is a wildlife habitat reserve and private recreation area, the land will be restored to slopes commensurate with such uses. ' Seed will be drilled wherever possible, when drilling is not possible, the seed will be broadcast. The revegetation plan provides for the greatest probability of success in plant estab- ' 13 RECLAMATION PLAN EXHIBIT E (contl ' lishment and vegetative development by considering environmental ' factors such as seasonal patterns of precipitation, temperatures and wind. Other considerations, such as soil texture, fertility, slope stability and the direction in which slopes face, have been considered. In a few areas it may be necessary to broadcast the ' seed, in which case the seed amounts will be doubled. A weed control plan is included in the program. Access roads will be constructed through the areas to be planted to provide access for planting crews and for the super- vision and inspection of the reclamation plan. These roads will remain to ensure the owner's have access to the ponds when ' reclamation is complete. Final grading on the roads will be done before the pit is closed. FERTILIZER ' The operator may have to apply fertilizers to the seedbed before planting to enhance the natural nutrients in the soil. Topsoiled areas may also be tested during the beginning of the ' second year and fertilizer added accordingly because the soils may lose their nutrients rapidly. The NRCS recommends using 40 lbs of Nitrogen and 40 lbs of Potassium (P2O5) per acre to t enhance growth, we will follow their recommendations if test results show fertilizer is necessary. SEEDBED PREPARATION ' When the shaping is complete and the soils have been spread, the surface where seed is to be drilled, will be smoothed of large clods and worked until moderately fine. The surface will be left fairly rough where seed is to be broadcast. SEEDING TIME t The grass seed mixture will be planted at one of two times. If fall planting is convenient, the grass seed will be planted before the first freeze (about the time Winterwheat is planted) . ' If spring planting is convenient, it will be done in late April or in May. The time of planting will be controlled by when the seedbed areas are ready for planting ' GRASSES Mr. Wells of the SCS has recommended the following seed mixture. The number of Pounds-Pure Live Seed (#PLS) shown are ' from his recommendations shown in the SOILS AND VEGETATION section. PROPOSED SEED MIX ' Species Lbs. PLS/Acre Blue Grama ( Covington) 0.60 Sideoats Grama (Vaughn) 2.70 Western Wheatgrass 4.80 ' Intermediate Wheatgrass (Oahe) 3.60 TOTALS 11.70 ' 14 ' RECLAMATION PLAN EXHIBIT E (cont) WEED CONTROL ' The revegetated areas will be monitored closely each spring for the first two years to determine if weeds are invading the area. Weed control will be initiated if the problem becomes ' serious or has not resolved itself by the end of the second year. In no way should this be taken to mean that we will try to eradicate the weeds from the property. Some weeds are beneficial to the upland game species in the area. They provide important protection from the elements during winter. Total eradication of weeds from the site is not necessary desirable, so we will be using controls on the noxious weeds and letting the rest grow in select areas. It may be necessary to control weeds by mowing after the first year; the feasibility of chemical weed control methods will be studied should it be necessary. We are hesitant t to use chemicals because of the seedbeds close proximity to water and the possible risk of contamination occurring. IRRIGATION ' No irrigation is planned for revegetated area in the pit, it tends to make the vegetation dependent on water and does not promote a vegetation cover that is diverse and capable of self ' regeneration. WETLANDS ' Part of the initial review we will do on this property will be to determine the amount of wetlands on the site, if any. With the political climate at the Federal level regarding wetlands being what it is we feel a preliminary wetland study is called ' for. We contacted Mr. Steve Butler, of ERO Resources, Inc. , to preform an analysis of the property. They have done the initial work to determine if there are jurisdictional wetlands or Prebles ' Meadow Jumping Mouse in the area we plan to mine. The Division of Wildlife has indicated there may be some wetland areas along the river but we will take special precaution to stay out of any ' wetlands. If a U.S. Army Corps of Engineers 404 permit is needed we will obtain it prior to mining any wetland areas. TREES ' We will not disturb a large number of trees during mining. In fact we are attempting to preserve as many as possible at the owners request. See MAP EXHIBIT F for the location of the trees ' and shrubs discussed in this text. No tree planting is part of this plan but the landowners may wish to add trees in selected areas. ' RECLAMATION PERFORMANCE STANDARDS We intend to mine the property in compliance with the ' Reclamation Performance Standards of Rule 6. Grading will be performed to create a final topography that is compatible with the intended final land use. These slopes will vary from 5: 1 to ' 15 IRECLAMATION PLAN EXHIBIT E Icont) I 3 : 1 depending on the final use proposed in a particular area of a I pond; the remainder of the area will retain its present drainage pattern. Some offsite fill materials may be use to enhance fish habitat in the ponds or bank armoring, this material may consist I of broke concrete or other materials suitable for that purpose. The pit will be reclaimed so that a suitable grade for drainage exists, all surface runoff will be directed into the ponds I created by mining. Some areas may be silted in from wash water, this type of backfilling tends to firm up and stabilize during the first 18 months after being placed. All grading will be done in a manner to control erosion and I to protect areas outside the affected land from slides or other damage. Backfilling and grading will be completed as soon as feasible after mining is completed in a given area. All refuse I will be hauled away or disposed of in a manner that will control unsightliness and protect the drainage system from pollution. There are no acid-forming or toxic materials involved in this I operation. The minimal amounts of petroleum products stored at the site will be done as prescribed by applicable laws. The storage tanks will be surrounded by a berm adequate to retain any fluid should a tank rupture. In addition, there is adequate I absorbent materials on site to contain any spills that would occur outside the berms. There are no drill or auger holes on the land. Maximum slopes will be within the limits set forth in I the Rules and Regulations of the Board and will be capable of being traversed by machinery. The operator does not expect prevailing hydrologic conditions to be disturbed. We will comply with applicable I Colorado water laws and regulations (as the operator understands them) governing injury to existing water rights in order to minimize any disturbance, which might occur to the prevailing I hydrologic balance of the affected land and surrounding areas and to the quality of water in surface and ground-water systems both during and after the mining operation and during reclamation. In I addition, the operator expects to comply with applicable Federal and Colorado water quality laws and regulations. Any water used in the operation of the processing plants and gravel pit will come from water owned by Tom Sharkey. I This is a dredge facility, but there are no temporary siltation structures involved in this operation and no mining is done within the confines of the river. If a U.S. Army Corp of I Engineers Permit is required for mining in waters of the U.S. or wetlands on the site we will obtain it prior to disturbing these areas. Settling ponds will be constructed on the site to collect I water from the washing operation before it re-enters the mined part of the lake area. There will be no earthen dams on the mined area. The mining and reclamation plans consider existing wildlife I conditions and final reclamation will enhance the area for wildlife use. The mining and reclamation plans take into account the safety and protection of wildlife remaining on the mine site, I 16 RECLAMATION PLAN EXHIBIT E (cont) processing site, and along all access roads to the site. ' Wildlife habitat creation and management is a specific part of the reclamation plan. Whenever possible the landowners will work toward the improvement of habitat for wildlife. The Division of wildlife letter in Exhibit H was prepared at our request. It was ' done to inform us of all possible wildlife issues on and around the site. Our planning took it into account and we are working to resolve some of the issues raised regarding endangered or ' threatened species. A simple way to deal with them is to avoid disturbing potential habitat on the site. ERO Resources is preparing a preliminary site analysis to determine potential ' habitat and to get the obvious non-habitat areas defined so mining can progress while we complete the necessary habitat studies on the rest of the area. Topsoil in the area is poor in quality. When topsoil must ' be removed to reach the mineral deposit, it will be segregated and stockpiled. If the topsoil piles remain undisturbed for more than a year, 2 . 0 #PLS per 100 sq-ft of Western Wheatgrass will be ' planted on the piles or other means will be employed to preserve the topsoil from wind and water erosion. This will keep it free of contaminants so that it remains useful for sustaining vegetation when reclamation begins. The stockpiles will be located in areas where disturbances by ongoing mining operations will be at a minimum, i.e. along setbacks on the pit perimeter. The topsoil will be handled as little as possible until it is ' replaced onto disturbed areas. We will take measures necessary to insure the stability of the replaced topsoil on graded slopes and spreading it as evenly a possible. Fertilizer and other soil ' amendments will be used, if needed, in accordance with the NRCS recommendations. RECLAMATION TIMETABLE Reclamation will begin once enough area has been opened so that any reclamation completed will not be disturbed as mining progresses. This may take 5 or more years depending on the economic condition is the area and the amount of material mined. By the time mining is completed approximately 85% of the total mined land will be reclaimed. We expect all but the working face ' in any given area will be completed when mining ends so only a small amount of area will need grading. Shortly there after all resoiling and revegetation will be completed, probably by the end of the second fall after mining is completed. The area will be ' monitored for success of revegetation until accepted by the Board. If revegetation failures occur prior to release, an analysis of the site will be made and the area will be revege- tated again as necessary. ' 17 ' RECLAMATION PLAN EXHIBIT E (cont) I ACRES 3 ` I AREA YEARS TOTAL LAZE RBVEGRT ROAD ONDISTDRDRD AREA ATIGN I Bluff Lake 3-5 143.71 82.49 10.34 2.65 48.23 Confluence Lake 3-5 39.86 21.24 1.94 0.99 15.69 I Highlands Lake 3-5 78.03 37.09 5.69 0.41 34.84 Longhorn Lake 3-5 207.73 109.50 8.72 0.94 88.57 I Lake St. Vrain 3-5 74.32 24.95 5.95 0.91 42.51 Krystal's Lake 3-5 51.54 10.96 1.74 1.26 37.58 Meadow Lake 3-5 212.34 144.48 9.62 2.30 55.94 ISand Flats Lake 3-5 80.72 56.30 4.75 0.94 18.73 Sharkey's Lake 3-5 351.15 281.31 15.42 2.35 52.07 ITOTALS I 11,239.40 1768.32 I 64.17 I 12.75 I 394.16 I I I II I I I I I 18 I I I I BASELINE DATA Iwa.ten, wildlibe, hails , vegetation, climate I I I I I I I I I I I • • EXHIBIT G WATER INFORMATION ' Review of Division of Water Resources well permits in the area around the site indicated the ground water table lies 7+ feet below the surface in this area. This information was obtained from the average surface to static water depth from Division of Water Resources (DWR) well records on the mining operation. Ground water will be exposed by this operation so a Substitute Supply Plan and/or Augmentation Plan will be needed ' for this facility. The landowners have adequate water available to use in this plan. We will obtain that permit prior to mining within 2 feet of the normal ground water level. There are 12 ' water wells on the site, again owned by the surface land owners. The only ditches crossing the site are those owned by the surface land owners. The Western Mutual Ditch runs along parts of the east and south permit lines. This ditch will not be affected by mining. There may be minor wetland areas on the site. If we mine jurisdictional wetland area we will obtain the necessary permits prior to mining those areas. A Storm Water Discharge Permit will be prepared for the facility and sine dewatering will take place in some of the mining area we will obtain the necessary permit to ' pump the area. The pit will be graded such that all surface water runoff is allowed to follow its historic patterns. Because of the geographic features around the mine, all offsite runoff is diverted around the disturbed area. ' We estimate dust control for the various parts of the operation, i.e. roads, crushing, washing, etc. will be 15 ac-ft per year. This water will be obtained from a source approved for that use. No water will be used for reclamation, nor will the revegetated areas be irrigated. It is the operators intent is to minimize the disturbances to the prevailing hydrologic balance of the affected land, of the ' surrounding areas and to the quality and quantity of the surface and ground water system, both during and after mining and reclamation. We believe we are in compliance will all state and ' federal laws and regulations governing water and water rights as we understand them. 1 ' 19 ' • • EXHIBIT H WILDLIFE STATEMENT. 1 The information on the following pages were received in response to our request for a Wildlife Statement from the ' Division of Wildlife. We wish to thank Mr. Sherman and Mr. Crawford for their help and cooperation in preparing the following information. We will look forward to working with the Division of Wildlife as they review our final plans. ' We retained ERO Resources to prepare a preliminary site study for the Preble's Meadow Jumping Mouse and the Ute ladies- tresses. That study will give us the necessary information to ' determine what areas we may need to study. In most cases we may chose to leave an area undisturbed rather than do an expensive study for the affected species. ' In preparing our plan we left areas along the river that had more value as wildlands that would blend with our proposed end use and would act as buffers and wildlife corridors along the river. Of the 1, 239 . 40 acres in the permit area we have left ' 394 . 16 acres in setbacks and undisturbed areas around the site as a commitment to protecting any wildlife in the area. Special care will be taken to humanely removed the prairie dogs and check ' for burrowing owls prior to stripping areas inhabited by these animals. 1 1 20 STATE OF COLORADO `p�$�O I Bill Owens,Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE 3 4 I AN EQUAL OPPORTUNmY EMPLOYER Bruce L.McCloskey,Acting Director 'rr—4' �� ' OF 6060 Broadway For IVildlife- I Denver,Colorado 80216 For People Telephone: (303)297-1192 IAugust 18, 2000 Mr. Steve O'Brian I Environment, Inc. 7985 Vance Drive, Suite 205A Arvada CO 80003 ' Re: Concrete Management Corp. sand and gravel mine. Dear Mr. O'Brian: IThe following constitute the comments of the Colorado Division of Wildlife. Courtney Crawford(District Wildlife Manager)and Mike Sherman(Field Habitat Biologist)have reviewed your letter sent to us and Iaccompanied you on a field visit to the project site on June 5,2000. We highly recommend that special attention be given to minimize the impact to all riparian vegetation and trees I along the river that may be potentially by impacted by the proposed mining operation. Bald eagles use this stretch of the South Platte River and adjacent riparian areas during winter and migration seasons for hunting and roosting. VERY IMPORTANT:there is a known active bald eagle nest site adjacent to the confluence of I the St.Vrain Creek and South Platte River. We wish to bring to your attention that we observed an immature Bald Eagle which was flushed from a mature cottonwood tree while we drove on the dirt road along the river I in the southwestern portion of Section 35. It is very possible that this bird came from the active nest located less than one mile upstream. We cannot stress the importance of leaving fully intact the existing riparian vegetation and trees along the South Platte River. IPreble's meadow jumping mouse (Zapus husonius preblei) and the Ute Ladies' -tresses orchid (Spiranthes deluvialis), both federally listed as threatened, are found in riparian habitats, including those I tributary of the South Platte River. Consequently, both have the potential to occur at the proposed project site. The U.S. Fish and Wildlife Service has established standard survey protocols for determining presence or absence of these species. Evaluations should be performed at and adjacent to the project site I to ascertain the potential occurrence of these species. If suitable habitat is present, surveys conducted according to the protocols should be undertaken. Coordination for Preble's should be through Pete Plage and for the orchid through Jan McKee, both in the Lakewood office (303-275-2370). The Colorado I butterfly plant is also found in moist floodplain environments along the Front Range and so could occur in the project vicinity. Although no protocols have been established for this species, surveys to ensure it will not be adversely impacted should be undertaken. Questions should be directed to Ms. McKee. ITrees and shrubs removed as a result of mining or construction should be replaced on a one-for-one basis. Recommended native tree and shrub species for reclamation planting include plains cottonwood,native plum, I chokecherry,snowberry,buffaloberry, and willow. Conifers include eastern red cedar or Rocky Mountain DEPARTMENT OF NATURAL RESOURCES,Greg Welcher,Executive Director I WILDLIFE COMMISSION,Bernard L.Black,Jr.,Chairman • Rick Enstrom,Vice-Chairman • Philip James,Secretary Members.Tom Burke • Mark LeVallev • Marianna Raft000ubs • Robert Shoemaker • Olive Valdez I juniper. We recommend that all tree and shrub planting be done using weed barrier material to help control competition from weeds and help plantings to successfully establish. ' Recommended reclamation grass and legume species for wildlife include tall wheatgrass,intermediate wheatgrass,reed canary grass,indian rice grass,Great Basin wild rye,switch grass,Ladak alfalfa and yellow and white sweet clovers. ' We highly recommend that the reclamation plan include specific wording to address the control of noxious weeds which are rapidly becoming an increasing threat to wildlife and wildlife habitat across ' Colorado and the United States. All restoration should be monitored for at least three years following initial plantings and proper measures enforced during this time to control for establishment of noxious weed species. Constructing ponds post-mining will provide new habitat for a variety of waterfowl, shorebirds,herons, amphibians and fish species. We recommend that ponds be constructed to have irregular shorelines, and also contain one or two islands of at least 15' x 25' in size per 2 surface acres. Larger islands are good if possible. Shoreline and island slopes should be 411:1V, with some areas of shoreline in each pond having slopes no steeper than 8H:1V or 10H:1 V. Such shallow areas will allow for establishment of a variety of ' different types of aquatic vegetation and also invertebrate prey for waterfowl. Such a shoreline coupled with planting a variety of wetland plant species will allow for a variation in wetlands to be established which will have long-term benefits to wildlife, public viewing of wildlife, and an overall increased ' aesthetic value to this site. Permanent pond depths of 10 feet or more in various places will provide secure year round habitat for a variety of warm water fish species. ' Finally,the proposed facilities may significantly impact a prairie dog town on the south side of the site. We recommend that the prairie dogs be either moved alive to another location or humanely killed before any earth- moving occurs. Since western burrowing owls use prairie dog towns and live in prairie dog holes,the ' following should be observed: -If construction is to occur between March 1 and October 31,the area should be checked for the presence of burrowing owls prior to any earth-moving taking place. The owls are susceptible to being buried and killed in their holes by construction activity. Note that this species is protected by law and killing one is illegal. ' - If construction is done between November 1 and February 28, it is very unlikely that owls would be present since they migrate out of the state during the winter. ' Note that we do not have information on threatened/endangered plants or invertebrates. For plant or ' invertebrate information,you might wish to contact: Colorado Natural Heritage Program ' 254 General Services Building Colorado State University Fort Collins, CO 80523 ' PH: (970)491-1309 FAX: (970)491-0279 The Division of Wildlife appreciates this opportunity to visit and comment on this project. If you have ' any questions, please contact me at (970)472-4435. Thank you. Sincerely, � el 14 / ' Scott Hoover NE Regional Manager by Mice Sherman, Field Habitat Biologist Cc: Rick Moss,NE Senior Habitat Biologist, CDOW Dave Clarkson, Area Wildlife Manager, CDOW Courtney Crawford,Distiict Wildlife Manager,CDOW 1 1 1 I 1 EXHIBIT I and J SOILS AND VEGETATION 1 The information in this sections was supplied by the Greeley ' office of the Natural Resources Conservation Service in Greeley. We wish to thank Mr. Norman Wells for his assistance and hard work in preparing the comprehensive report that makes up this section of the application. The recommendations have been used in part when the Reclamation Plan was prepared. 1 1 1 1 i 1 1 1 1 1 1 1 1 ' 24 ' USDA United State. Natural Resources Brig. Field Office Department of Conservation USDA Service Center aAgriculture Service 57 West Bromley Lane (NRCS) Brighton, CO 80601-2697 Telephone: 303 659-0525 http://www.co.nres.usda.gov Fax: 303 659-1766 May 8 , 2000 Environment , Inc . 7985 Vance Drive, Suite 205A Arvada, Colorado 80003 ' RE : Scottdale Ranches Vegetative Information for proposed mining operation ' Enclosed, please find a copy of the NRCS soils map for the above property as well as soils descriptions, engineering properties and physical and chemical properties information. ' Additional information can be found in the publication Soil Survey of Weld County, Colorado, Southern Portion' . None of the soils found on this parcel would be classified as 'prime ' farmland' . Vegetation over the area includes irrigated cropland, irrigated ' pasture and hayland, native pasture (rangeland) and riparian areas . The irrigated fields are used to grow corn and small grains . These fields are mainly on the upland areas towards the north end of the property. That area between the Western Mutual ' Ditch and the oil well road in the bottom is primarily rangeland. Most of this area is classified as a Salt Meadow Range Site . Switchgrass, alkali sacaton, tall wheatgrass and ' tall fescue dominate the site, with production ranging from 2 , 000 to 3 , 000 pounds per acre per year. Some of the lower areas have been leveled and planted to a cool season pasture mix (brome and orchard grass) . Some native grasses are starting ' to invade these areas . Alfalfa has been seeded into some areas but is generally short lived due to the high water table . Production will probably range form 1 . 5 to 3 . 5 tons per acre ' per year. The riparian areas follow the South Platte River channel ' and vary from grasses to a mixture of trees and shrubs . There are other small 'wetlands ' scattered throughout the property, as evidenced by the vegetation. I would recommend contacting the the Army Corp. of Engineers regarding the mitigation ' aspects of destroying these wetlands . The Natural Resources Conservation Service works hand-in-hand with the American people to conserve natural resources on private lands AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER • • ' As mining is completed, reclamation of the disturbed areas ' should begin immediately. All topsoil should be stockpiled before excavation begins and then applied back to the area before seeding. It would also be recommended to take a soil sample for fertilizer recommendations, as well as the presence ' of salts . As a minimum, 40# N and 40# P should be applied. All slopes should be kept to 4 : 1 or flatter. All drainage should be diverted away from the slopes, if at all possible . The following seed mix would be considered a general recommendation: Lovington Blue Grama 20% @ 3 . 0# = . 6# PLS/AC. ' Vaughn Side Oats Grama 30% @ 9 . 0# = 2 . 7# PLS/AC. Rosanna Western Wheatgrass 30% @ 16 . 0# = 4 . 8# PLS/AC. Oahe Intermediate Wheatgrass 20% @ 18 . 0# = 3 . 6# PLS/AC. ' A more site specific mix could be developed, once the end use is determined. (i . e . wildlife, grazing, etc . ) The above rates ' are based upon NRCS critical area seeding rates . It is highly recommended to use a grass drill for the seeding operation. Once the grass is seeded, mulching with 3 , 000 - 4 , 000 # of ' native hay or clean, bright, weed free straw is recommended. The mulch should be applied evenly and then crimped' into the soil . Crimping should take place on the contour of all slopes . ' Successful stand establishment can only take place with proper weed control . Control methods can be either mechanical or ' chemical . Labeling needs to be strickly adhered to when using chemicals . I hope this information is satisfactory to your needs . Should you need additional information, please feel free to call me . ' ncerel , ' N rman J e ls, Jr D trict Conservationist 1 I U.S. DEPARTMENT OF AGRICULTURE • • PAGE 1 OF 3 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 IENGINEERING INDEX PROPERTIES - Environment, Inc. Classification ; Fragments ; Percentage passing Map symbol Depth USDA texture _; ___ —; sieve number-- ;Liquid Plas- and soil name ; )10 3-10 ; limit ticity I _- Unified AASHTO ;inches inches; 4 10 40 ; 200 index In ; Pct Pct ; Pct , , 1 1 Altvan 0-10 Loam CL-ML, Cl A-4 ; 0 0 100 100 85-95 60-75 25-30 5-10 10-25 Sandy clay SC SM, SC, A-4, A-6 0 0 100 100 80-100 35-80 25-35 S-15 loam, clay CL-N1, CL I loan 25-60 Gravelly coarse;SP-SM, SP ;A-1 0-10 0-IS 60-80 55-75 25-50 0-10 , NP sand, gravelly; ---sand II 2: Altvan 0-10 Loam Cl-ML, CL A-4 0 ; 0 ; 100 100 85-95 60-75 ; 25-30 5-10 10-24 Sandy clay SC-SM, SC, A-4, A-6 0 0 ; 100 100 80-100 35-80 25-35 5-15 loam, clay CL-NL, CL I loam 11-60 Gravelly coarse SP-SM, SP A-1 0-10 ; 0-15 60-80 55-75 25-50 0-10 --- NP sand, gravelly sand I 3: Aquolls 0-48 ;loam NI, CL A-4, A-6 0 0-5 80-100 75-100 70-80 50-70 ; 25-40 NP-I5 48-60 Very gravelly SP, SP-SM, SM A-1 0-5 0-25 85-95 50-85 10-40 0-15 --- NP I sand, sand, gravelly loamy sand Gravelly Substratum ; D-48 ;Variable SM, Mt, CL, A-2, A-4, A-6 0 0.10 90-95 85-95 55-65 20-60 ; 15-30 NP-IS SC 48-60 ;Very gravelly GP, SP, A-1 0 10-30 40-80 30-70 10-25 0-10 ' --- NP I sand, gravelly SP-SM, GP-GM sand 10: I Rankard 0-4 Sandy loam SM, SC-SM A-2, A-4 0 0 100 90-100 50-70 30-40 10.25 NP-10 4-60 Stratified SM, SP-SM 4-2, A-1, A-3 0 0-5 65-100,60-85 40-75 5-35 NP gravelly sand ; . to loam I 16: Colby 0-7 Loam CL-MI, CL A-4 0 0 100 100 85-95 60-75 25-30 5-10 7-60 Silt loam ML A-4 0 0 100 100 90-100 80-90 30-35 5-10 1 21: Dacono ' 0-12 ;Clay loam ;CL A-6 0 0 85-100 75-100 75-95 70-80 ; 30-40 10-20 12-21 Clay loam, ;CL A-6, A-7 0 0 75-100 60-100 55-95 50-85 ; 34-45 15-25 clay, gravelly; ; clay Ida 21-27 Sandy clay CL, SC A-6 0 0 75-100 60-100;50-95 40-85 25-40 10-20 loam, loam, silt loam I 27-60 Very gravelly SP, GP, GP-CM A 1 0 0 35-80 15-50 5-40 0-5 --- NP sand, ' , extremely , gravelly sand ; ; I • .. IS. DEPARTMENT OF AGRICULTURE • PAGE 2 OF 3 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I I ENGINEERING INDEX PROPERTIES--Continued Environment, Inc. Classification Fragments Percentage passing ;�M ■ Map symbol Depth USDA texture sieve number-- ;Liquid; Plas- and soil name >10 3-10 ; limit;ticity Unified ; AASHTO inches inches; 4 ; 10 40 200 ; ;index In - Pct Pct ; Pct Rassel 0-11 Fine sandy loam SC-SM, SM, A-4 0 0 100 100 70-85 40-55 20-25 NP-5 CL-ML, ML II 11-15 Loamy fine SC-SM, SM A-2, A-4 0 0 100 100 70-85 30-50 20-25 NP-5 sand, fine sandy loam I 15-20 Weathered 0 0 0 0 0 0 --- NP bedrock • istic Torriorthents 0-10 Gravelly sand ;SP, SP-SM A-1 0 0 55-80 50-75 25-50 0-10 --- NP 10-60 Gravelly sand, GP, GP-GM, A-1 0 0-5 ;45-65 40-60 20-30 0-1.0 --- NP I very gravelly SP, SP-SN sand, gravelly coarse sand • eld 0-8 Loam ;CL-ML, CL A-4 0 0 ; 100 100 85-95 60-75 25-30 5-10 8-15 ;Silty clay ;CL A-6, A-7 0 0 ; 100 100 95-100 85-95 35-50 15-30 I ; loam, silty ; clay, clay 15-60 Silt loam, CL-ML, CL A-4, A-6 0 0 100 95-100 85-100;70-95 20-35; 5-15 1 ; loam, silty clay loam ' 60-64 Silt loam, ML, CL-ML, A-4 0 0 100 75-100 60-100 35-85 20-30 NP-10 loam, sandy SM, SC-SM 1 loam 1 1 1 1 IS. DEPARTMENT OF AGRICULTURE PAGE 3 OF 3 1ATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I ENGINEERING INDEX PROPERTIES indnote -- ENGINEERING INDEX PROPERTIES 1 i report gives estimates of the engineering classification and of the range of index properties for the aajor layers of each soil in the survey area. Most soils have layers of contrasting properties within the upper or 6 feet. 11 or to the upper and lower boundaries of each layer is indicated. The range in depth and information on other Ioperties of each layer are given in the published Soil Survey for each soil series under "Soil Series and Their rphology." TEXTURE is given in the standard terms used by the U.S. Department of Agriculture. These terms are defined Icording to percentages of sand, silt, and clay in the fraction of the soil that is less than 2 millimeters in a:aeter. "Loam," for example, is soil that is 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 :ercent sand. If the content of particles coarser than sand is as much as about 15 percent, an appropriate modifier is lirded, for example, "gravelly." Textural terms are defined in the Soil Survey Glossary. assification of the soils is determined according to the Unified soil classification system and the system iopted by the American Association of State Highway and Transportation Officials. 8 UNIFIED system classifies soils according to properties that affect their use as construction material. Soils are :lassified according to grain-size distribution of the fraction less than 3 inches in diameter and according to Iasticity index, liquid limit, and organic matter content. Sandy and gravelly soils are identified as GW, GP, GM, GC, , SP, SM, and SC; silty and clayey soils as ML, CL, OL, MH, CH, and OH; and highly organic soils as PT. Soils !xhibiting engineering properties of two groups can have a dual classification, for example, CL-ML. IIe AASHTO system classifies soils according to those properties that affect roadway construction and maintenance. this system, the fraction of a mineral soil that is less than 3 inches in diameter is classified in one of seven ir- oups from A-1 through A-7 on the basis of grain-size distribution, liquid limit, and plasticity index. Soils in oup A-1 are coarse grained and low in content of fines (silt and clay). At the other extreme, soils in group A-7 e fine grained. Highly organic soils are classified in group A-8 on the basis of visual inspection. If laboratory lata are available, the A-1, A-2, and A-7 groups are further classified as A-1-a, A-1-b, A-2-4, A-2-5, A-2-6, A-2-7, A-7- Ior A-7-6. As an additional refinement, the suitability of a soil as subgrade material can be indicated by a group dex number. Group index numbers range from 0 for the best subgrade material to 20 or higher for the poorest. ck FRAGMENTS larger than 3 inches in diameter are indicated as a percentage of the total soil on a dry-weight sis. The percentages are estimates determined mainly by converting volume percentage in the field to weight rcentage. IIlircentage of soil particles passing designated sieves (PERCENTAGE PASSING SIEVE NUMBER--)is the percentage of the il fraction less than 3 inches in diameter based on an ovendry weight. The sieves, numbers 4, 10, 40, and 200 (USA itandard Series), have openings of 4.76, 2.0D, 0.420, and 0.074 millimeters, respectively. Estimates are based an 0 boratory tests of soils sampled in the survey area and in nearby areas and on estimates made in the field. QUID LIMIT and PLASTICITY INDEX (Atterberg limits) indicate the plasticity characteristics of a soil. The ( 9 !stimates are based on test data from the survey area or from nearby areas and on field examination. The estimates Igrain-size distribution, liquid limit, and plasticity index are generally rounded to the nearest 5 percent. Thus, the ranges of gradation and Atterberg limits extend a marginal amount (1 or 2 percentage points) across :lassification boundaries, the classification in the marginal zone is omitted in this report. I I U.S. DEPARTMENT OF AGRICULTURE PAGE I OF 2 • NATURAL RESOURCES CONSERVATION SERVI CCE 04/26/00 ICHEMICAL PROPERTIES OF THE SOILS Environment, Inc. I Map symbol Depth Clay Cation- Soil Calcium Gypsum Salinity Sodium and soil name exchange reaction carbonate adsorption Icapacity ratio In Pct meg/100g pH Pct Pct mmhos/cm 1: ___ ___ ___ Altvan 0-10 15-25 10.0-20.0 6.6-7.8 --_ 10-25 20-35 10.0-25.0 6.6-1.8 -- --- --- --- 25-60 0-5 0.0-5.0 7.4-8.4 1-5 --- --- --- 2. Altvan 0-10 15-25 10.0-20.0 6.6-7.8 --- -- -- -- 10-24 20-35 10.0-25.0 6.6-7.8 --- --- --- --- 24-60 0-5 0.0-5.0 7.4-8.4 1-5 --- --- --- 3. Aquolls 0-48 20-35 10.0-25.0 7.4-8.4 --- --- 0-4 --- I 48-60 1-3 0.0-5.0 7.4-8.4 --- --- 0-4 --- Aquents, Gravelly Substratum 0-48 4-30 5.0-20.0 7.4-8.4 0-10 --- 0-8 --- I48-60 0-5 0.0-5.0 7.4-8.4 0-IO --- --- --- 10: Bankard 0-4 5-20 5.0-15.0 7.4-8.4 0-10 --- --- --- I 4-60 2-10 0.0-10.0 7.4-8.4 0-10 --- --- --- 16: Colby 0-7 15-27 5.0-20.0 7.4-8.4 0-5 --- --- --- 1-60 18-27 5.0-20.0 7.4-8.4 5-15 --- --- --- ' 1: Dacono 0-12 27-40 25.0-45.0 6.6-7.8 --- -- --- -- 12-21 35-60 60.0-70.0 7.4-8.4 0-5 --- --- --- I 21-27 15-35 20.0-40.0 7.4-8.4 0-10 --- 0-2 _-- 27-60 0-5 2,0-10.0 7.4-8.4 5-IS 0-2 61: ' Tassel 0-11 5-12 3.0-10.0 7.4-8.4 5-10 - -- -_- 11-15 8-13 4.0-10.0 7.4-8.4 5-10 --- ___ ___ ___ ___ I 68: Ustic lorriorthents 0-10 0-4 1.0-5.0 6.6-7.3 --- --- --- --- 10-60 0-4 0.0-5.0 7.4-8.4 0-5 --- 0-2 --- I 79: Weld 0-8 15-27 15.0-30.0 6.6-7.8 --- --- --- --- 8-15 35-50 20.0-30.0 6.6-7.8 0-4 --- --- --- 15-60 20-35 20.0-30.0 7.4-9.0 2-6 --- 0-2 _ 60-64 15-25 15.0-25.0 7.4-9.0 2-6 0-2 I I . I • --- u.S. DEPARTMENT OF AGRICULTURE • PAGE 2 OF lii) NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I CHEMICAL PROPERTIES OF THE SOILS dnote -- CHEMICAL PROPERTIES OF THE SOILS n S is report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates e based on field observations and on test data far these and similar soils. I CLAY as a soil separate consists of mineral soil particles that are less than 0.002 illimeter in diameter. In this report, the estimated clay content of each major soil layer given as a percentage, by weight, of the soil material that is less than 2 millimeters in iameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. ey influence shrink-swell potential, permeability, and plasticity, the ease of soil spersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. IIITION EXCHANGE CAPACITY (CEC) is the total amount of cations held in a soil in such a way that they can be removed only by exchanging with another cation in the natural soil lution. CEC is a measure of the ability of a soil to retain cations, some of which are ant nutrients. Soils with low CEC hold few cations and may require more frequent plications of fertilizers than soils with high CEC. Soils with high CEC have the potential to retain cations, thus reducing the possibility of pollution of ground water. REACTION is a measure of acidity or alkalinity and is expressed as a range in pH•IL values. The range in pH of each major horizon is based an many field tests. For many soils, lues have been verified by laboratory analyses. Soil reaction is important in selecting ops and other plants, in evaluating soil amendments for fertility and stabilization, and determining the risk of corrosion. ILCIUM CARBONATE is the percentage by weight of calcium carbonate in the fine-earth terial, less than 2 millimeters in size. IPSUM is the percentage by weight of hydrated calcium sulfates 20 millimeters or eller in size, in the soil. LINITY is a measure of soluble salts in the soil at saturation. It is expressed the electrical conductivity of the saturation extract, in millimhos per centimeter 25 degrees C. Estimates are based on field and laboratory measurements at representative sites of nonirrigated soils. e salinity of irrigated soils is affected by the quality of the irrigation water 1 and by the frequency of water application. Hence, the salinity of soils in individual fields n differ greatly from the value given in the report. Salinity affects the suitability of soil for crop production, the stability of soil if used as construction material, and e potential of the soil to corrode metal and concrete. IDIUM ADSORPTION RATIO (SAR) expresses the relative activity of sodium ions in change reactions in the sail. SAR is a measure of the amount of sodium relative to calcium and magnesium in the water extract from saturated soil paste. I IU.S. DEPARTMENT OF AGRICULTURE• 0 PAGE l OF 4 NATURAL RESOURCES CONSERVATION S':RVICE 04/26/00 I PHYSICAL PROPERTIES OF SOILS I Environment, Inc. (Entries under "Erosion factors--1" apply to the entire profile. Entries under 'Mind erodibility group" and I "Mind erodability index' apply only to the surface layer) I - --------- -- --YM'�—�� ; ---- ' ;Erosion factors;Mind Wind ; Map symbol Depth Clay Moist Perinea- 'Available' Shrink- Organic;— ;erodi- erodi- and soil name bulk bility water swell matter; ; :bility bility density capacity potential ; X ' Xf ; T ;group index IIn Pct g/cc In/hr In/in Pct I , I I 1: I Altvan 0-10 15-25 1.25-1.40 0.60-6.00 0.14-0.17 Low 1.4-2.4; 0.28 0.28 4 5 56 10-25 20-35 1.25-1.40; 0.20-2.00 0.14-0.21 low 0.5-1.0; 0.20 0.20 25-60 0-5 1.45-1.60 >20.00 0.02-0.06 Low 0.0-0.5 0.05 0.10 Altvan 0-10 15-25 1.25-1.4') 0.60-6.00 ;0.14-0.11 Low 1.0-2.0 0.28 0.28 4 5 56 10-24 20-35 1.25-1.44 0.20-2.00 ;0.14-0.21 Low 0.5-1.0 0.20 0.20 I24-60 0-5 1.45-1.60 >20.00 ;0.02-0.06 tow 0.0-0.5 0.05 0.10 3: Aquolls 0-48 20-35 1.20-1.33; 0.20-2.00 0.14-0.17 Low 1.0-3.0 0.24; 0.24 4 8 --- ' 48-60 1-3 1.55-1.673 >20.00 0.02-0.04 Low 0.0-1.0 0.02 0.10 Aquents, Gravelly I Substratum 0-48 4-30 1.20-1.50 0.60-20.00 0.07-0.16 Low 0.5-1.0 0.20 0.20 3 8 48-60 0-5 1.60-1.70 >20.00 0.04-0.0 Low 0.0-1.0 0.05 0.11 10: I 8ankard 0-4 5-20 1.50-1.60 2.00-6.00 0.13-0.15 Low 1.0-2.0 0.24 0.24 5 3 ' 86 4-60 2-10 1.55-1.65 6.00-20.00 0.05-0.08 low 0.5-1.0 0.20 0.31 I i6: Colby 0-7 15-27 1.25-1.40 0.60-6.00 0.14-0.18 Low 0.5-2.0 0.37 0.37 5 ' 41 86 7-60 18-27 1.15-1.30 0.60-2.00 0.15-0.20 Low 0.5-1.0 0.43 0.43 I 4 . -_ [�aano rs-l: 27-40:1.20-1.30 0.20-0.60 0.19-0.21 Moderate 2,0-4.0 0,17 0.17 3 4 86 12-21 35-60;1.25-1.35 0.20-0.60 0.15-0.21 High 1.0-2.0 0.24 0.43 21-27 15-35'1.25-1.35 0.60-2.00 0.13-0.18 Moderate 1.0-2.0 0.28 0.28 1 27-60 0-5 1.50-1.60 )20.00 0.03-0.05 Low 0.5-1.0, 0.10 0.64 I ia_= .el , 0-11 5-12 1.35-1.50 2.00-6.00 0.13-0.15 Low 0.5-1.0 0.28 0.28 2 3 86 I ; 11-15 8-13 1.35-1.60 2.00.20.00 0.08_0.15 low 0.5-1.0 0.28 0.28 IS 4 0.00-0.70 • I:,rr;ortle^! 0 II,+ . ;!. -I. :') I'f:',J.02"0.U4;Low 0.5-1.0 0.10 0.17 5 1 180 10-60 0-4 ;1.55-1.70; :,0.50 0.02-0.04 low 10.0-0.5 0.05 0.17 I I 1q. I I I I Held 0-8 15-27'1.25-1.40 0.60-6.00 0.14-0.17 lox ;2.0-4.0 0.24 0.24 3 6 48 8-15 35-50;1.30-1.40 0.06-0.20 0.1Q-C.iu;Nigh 0.5-2.0 0.28 0.28 t 15-60 20-35;1.25-1.35 0.60-2.N ;0.16-0.18:Moderate 0.5-1.0 0.28 0.28 60-64 15-25:1.25-1.40 0.60-2.00 ;0.12-0.l8;low 0.5-1.0 0.28 0.28 I , I , I —_ I 'I' 0- - --» I ,_��__....I ____ _____ _I- 1.S. • • . DEPARTMENT OF AGRICULTURE PAGE 2 OF 4 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I I PHYSICAL PROPERTIES OF SOILS ndnote -- PHYSICAL PROPERTIES OF SOILS is report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations Ird on test data for these and similar soils, CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. 11( this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the it material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the rtility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink-swell potential, permeability, plasticity, the ease of soil Ispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and rthmoving operations. I1ST BULK DENSITY is the weight of soil (ovendry) per unit volume. Volume is measured when the soil is field moisture capacity, the moisture content at 1/3 bar moisture tension. Weight is determined after drying the soil at 105 degrees C. In this report, the estimated moist bulk density of each major soil I is expressed in grams per cubic centimeter of soil material that is less than 2 millimeters in ameter. Bulk density data are used to compute shrink-swell potential, available water capacity, total re space, and other soil properties. The moist bulk density of a soil indicates the pore space available far eater and roots. A bulk density of more than 1.6 can restrict water storage and root penetration. Moist Ilk density is influenced by texture, kind of clay, content of organic matter, and soil structure. )ERMEABILITY refers to the ability of a soil to transmit water or air. The estimates indicate the to of downward movement of water when the soil is saturated. They are based on soil characteristics served in the field, particularly structure, porosity, and texture. Permeability is considered in e design of soil drainage systems, septic tank absorption fields, and construction where the rate of ter movement under saturated conditions affects behavior, AILABLE WATER CAPACITY refers to the quantity of water that the soil is capable of storing for use b p by plants. The capacity for water storage is given in inches of water per inch of soil for each major soil layer. Ie capacity varies, depending on soil properties that affect the retention of water and the depth of the root ne. The most important properties are the content of organic matter, soil texture, bulk density, and soil structure. . Available water capacity is an important factor in the choice of plants or crops to be grown and in e design and management of irrigation systems. Available water capacity is not an estimate of the quantity of ter actually available to plants at any given time. ;HRINK-SWELL POTENTIAL is the potential for volume change in a soil with a loss or gain of moisture. Volume Iange occurs mainly because of the interaction of clay minerals with water and varies with the amount and type clay minerals in the soil. The size of the load on the soil and the magnitude of the change in sail moisture :ontent influence the amount of swelling of soils in place. Laboratory measurements of swelling of undisturbed 0o ods were made for many soils. For others, swelling was estimated on the basis of the kind and amount of ay minerals in the soil and on measurements of similar sails. If the shrink-swell potential is rated moderate very high, shrinking and swelling can cause damage to buildings, roads, and other structures. Special design I needed. Shrink-swell potential classes are based on the change in length of an unconfined clod as isture content is increased from air-dry to field capacity. The change is based on the soil fraction less an 2 millimeters in diameter, The classes are "Low," a change of less than 3 percent; 'Moderate," 3 to 6 Percent; and "High," more than 6 percent. "Very high," greater than 9 percent, is sometimes used. I 0 e '.S. DEPARTMENT OF AGRICULTURE PAGE 3 OF 4 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 1 I PHYSICAL PROPERTIES OF SOILS lndnote -- PHYSICAL PROPERTIES OF SOILS--Continued IGANIC NATTER is the plant and animal residue in the soil at various stages of decomposition. In report 3, the estimated content of organic matter is expressed as a percentage, by weight, of the soil material that is Iss than 2 millimeters in diameter. The content of organic matter in a soil can be maintained or increased by turning crop residue to the soil. Organic matter affects the available water capacity, infiltration rate, and tilth. It is a source of nitrogen and other nutrients for crops. OSION FACTOR K indicates the susceptibility of the whole soil (including rocks and rack fragments) to eet and rill erosion by water. Factor X is one of six factors used in the Universal Soil Loss Equation (USLE) to predict the average annual rate of soil loss by sheet and rill erosion in tons per acre per year. The Itimates are based primarily on percentage of silt, sand, and organic matter (up to 4 percent) and on soil ructure and permeability. Values of K range from 0.05 to 0.69. The higher the value, the more susceptible the soil is to sheet and rill erosion by water. I05ION FACTOR Kf is like EROSION FACTOR K but it is for the fine-earth fraction of the soil. Rocks and -ock fragments are not considered. IOSION FACTOR T is an estimate of the maximum average annual rate of soil erosion by wind or water that can cur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. IND ERODIBILITY GROUPS are made up of soils that have similar properties affecting their resistance to wind osion in cultivated areas. The groups indicate the susceptibility of soil to wind erosion. Soils are grouped according to the following distinctions: I1. Coarse sands, sands, fine sands, and very fine sands. These soils are generally not suitable for crops. They are extremely erodible, and vegetation is difficult to 1 establish. 2. Loamy coarse sands, loamy sands, loamy fine sands, loamy I very fine sands, and sapric soil material. These soils are very highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 13. Coarse sandy loans, sandy loans, fine sandy loans, and very fine sandy loans. These soils are highly erodible. Crops can be grown if intensive measures to control wind 1 erosion are used. 4L. Calcareous loans, silt loans, clay loans, and silty clay IIloans. These soils are erodible. Crops can be grown if intensive measures to control wind erosion are used. 4. Clays, silty clays, noncalcareous clay loans, and silty ' clay loans that are more than 35 percent clay. These soils are moderately erodible. Crops can be grown if measures to control wind erosion are used. I U.S. DEPARTMENT OF AGRICULTURE • • PAGE 4 OF 4 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS--Continued 5. Noncalcareous loams and silt foams that are less than 20 percent clay and sandy clay loans, sandy clays, and hemic I soil material. These soils are slightly erodible. Crops can be grown if measures to control wind erosion are used. I 6. Noncalcareous loans and silt loans that are more than 20 percent clay and noncalcareous clay loans that are less than 35 percent clay. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind Ierosion are used. 7. Silts, noncalcareous silty clay loans that are less than I 35 percent clay, and fibric soil material. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. I 8. Soils that are not subject to wind erosion because of coarse fragments on the surface or because of surface wetness. Ille WIND ERODIBILITY INDEX is used in the wind erosion equation (WEA). The index number indicates the amount of soil lost in tons per acre per year. The range of wind erodibility index numbers is 0 to 300. I I • I I I • III.S. DEPARTMENT OF AGRICULTURE PAGE 1 OF 2 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I I SOIL FEATURES Environment, Inc. i Bedrock Cemented pan Subsidence Risk of corrosion — ; Potential Map symbol ; ;frost action Uncoated Land soil name Depth ;Hardness Depth Kind Initial Total ; steel ; Concrete I I � In ; In In In Altvan >60 --- --- --- --- --- Moderate Moderate Low Iltvan >60 --- --- --- --- --- Moderate Moderate Low quails >60 --- --- --- --- --- Moderate High Low Iliquents, Gravelly Substratum >60 --- --- --- ; --- High High Low tankard >60 --- --- --- --- --- Low Moderate Low olby >60 --- --- --- --- --- Low Low Low Iacono >60 --- --- --- --- --- ;Low High Low 61: lirasse1 10-20 Soft --- --- --- --- Low Moderate Low 58: istic Torriorthents >60 --- --- --- --- --- ;Low Moderate Moderate I '9: I •eld >60 --- --- --- --- --- ;Moderate High Low I I I I III.S. DEPARTMENT OF AGRICULTURE • IE 2 OF 2 NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I I SOIL FEATURES Endnote -- SOIL FEATURES 'This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. iepth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured, excavations Is can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive, blasting or pecial equipment generally is needed for excavation. Cemented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in Ixcavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick if continuously ndurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines, backhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 Inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is eeded in excavation. 11(ubsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence esults from either desiccation and shrinkage or oxidation of organic material, or both, following drainage. ubsidence takes place gradually, usually over a period of several years. This report shows the expected initial subsidence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not Ihown in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout n extensive area as a result of lowering the water table. Iotential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of egregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture moves into the freezing zone of the soil. Temperature, texture, density, permeability, content of organic matter, and depth to the water table are the most important factors considered in evaluating the otential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially rained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to frost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil Itrength during thawing cause damage mainly to pavements and other rigid structures. Risk of corrosion pertains to potential soil-induced electrochemical or chemical action that dissolves or weakens ncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture, article-size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete s based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel Installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in nstallations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of corrosion, expressed as "Low", "Moderate", or "High", is based on soil drainage class, total acidity, electrical illesistivity near field capacity, and electrical conductivity of the saturation extract. or concrete, the risk of corrosion is also expressed as "low", "Moderate", or "High". It is based on soil texture, cidity, and amount of sulfates in the saturation extract. I II.S. DEPARTMENT OF AGRICULTURE • PAGE I OF I NATURAL RESOURCES CONSERVATION SERVICE 04/26/00 I I CLASSIFICATION OF THE SOILS Environment, Inc. he classification report does not include recent amendments to soil taxonomy for cation exchange activity, article size modifier. and dual mineralogy for strongly contrasting classes. For more detailed information ;ontact your local USDA Natural Resources Conservation Service field office or state office. I Soil name Family or higher taxonomic class t Altvan ARIDIC ARGIUSTOLLS, FINE-LOAMY OVER SANDY OR SANDY-SKELETAL, MIXED, MESIC quents, Gravelly Substratum AQUENTS Aquolls AQUOLLS Ilfankard ;USTIC TORRIFLUVENTS, SANDY, MIXED, MESIC olby ;ARIDIC USTORTHENTS, FINE-SILTY, MIXED (CALCAREOUS), MESIC Dacono ;ARIDIC ARGIUSTOLLS, CLAYEY OVER SANDY OR SANDY-SKELETAL, MONTMORILLONITIC, MESIC assel 1 ;USTIC TORRIORTHENTS, LOAMY, MIXED (CALCAREOUS), MESIC, SHALLOW stic Torriorthents ;USTIC TORRIORTHENTS eld ;ARIDIC PALEUSTOLLS, FINE. MONTMORILLONITIC, MESIC I I 1 I I I NONTECHNICAL SOILS O(�TION REPORT Environment, no. • Map Soil name and description Symbol 1 Altvan loam, 0 to 1 percent slopes The Altvan soil is a deep, well drained soil. It is formed on terraces from alluvial material. The surface is a loam. The subsoil is clay loam. The underlying material is a calcareous loamy sand. The soils have moderate permeability. Their available water holding capacity is moderate. Roots penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard due to wind is moderate. 2 Altvan loam, I to 3 percent slopes The Altvan sail is a deep, well drained soil. It is formed on terraces from alluvial material. The surface is a loam. The subsoil is clay loam. The underlying material is a calcareous loamy sand. The soils have moderate permeability. Their available water holding capacity is moderate. Roots penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard due to wind is moderate. 3 Aquolls and Aquents, Gravelly Substratum This map unit is on bottom lands and floodplains of all major streams in the survey area. This unit consists of 60 percent Aquolls and 35 percent Aquents soils. These soils are deep, and poorly drained. They formed in recent alluvium. The surface is a mildly alkaline to moderately alkaline loamy or clayey layer, as well as the underlying material which is underlain by sand or sand and gravel within 48 inches. The water table is at or near the surface, creating a hydric soil condition. The erosion hazard due to wind is low. 10 Bankard sandy loam, 0 to 3 percent slopes The Bankard soil is a deep, somewhat excessively ' drained soil. It is formed on floodplains from stratified recent alluvium. The surface is a sandy loam. The underlying material is a calcareous sand stratified with thin lenses of sandy loam, loam, and ' fine gravel. The soils have moderately rapid permeability. Their available water holding capacity is low. Roots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is severe. 16 Colby loam, 3 to 5 percent slopes This is a deep well drained soil on upland hill and ridges. It formed in calcareous eolian deposits. Typically the surface is a pale brown loam about 10 in. thick. The underlying material is a very pale brown silt loam to a depth of 60 in. Permeability is moderate. Available water holding capacity is high. The effective rooting depth is 60 in. or more. Surface runoff is medium to rapid, and the hazard of water erosion is moderate. 21 Dacono clay loam, 0 to 1 percent slopes ' NONTECHNICAL SOILS DESCRIPTION REPORT • Environment, Inc. ap Soil name and description Cobol ___~_ The Dacono soil is a deep, well drained soil. It is formed on terraces from mixed alluvial material. The surface is a clay loam, as is the subsoil. The underlying material is a very gravelly sand. The soils have moderately slow permeability. Their available water holding capacity is moderate. Roots penetrate to 20 to 40 inches. Runoff is slow and the erosion hazard is moderate. Tassel fine sandy loam, 5 to 20 percent slopes ' The Tassel soil is a shallow, well drained soil. It is formed on upland breaks in residuum from sandstone. The surface is a fine sandy loam. The underlying material is a very fine sandy loam. The soils have moderately rapid permeability. Their available water holding capacity is low. Roots penetrate to the depth ' of the sandstone, which ranges from 10 to 20 inches. Runoff is medium and the erosion hazard due to wind is severe. Ustic Torriorthents, moderately steep The Ustic Torriorthents soil is a deep, excessively ' drained soil. It is formed on terrace breaks and escarpments in gravelly alluvium. The surface is a gravelly sand, as is the underlying material. The soils have rapid permeability. Their available water ' holding capacity is low. Roots penetrate to 60 inches or more. Runoff is medium and the erosion hazard due to wind is moderate. Weld loam, 1 to 3 percent slopes ' The Weld soil is a deep, well drained soil. It is formed on smooth plains from eolian material. The surface is a loam. The subsoil is a heavy clay loam and light clay. The underlying material is a silt loam. ' The soils have slow permeability. Their available water holding capacity is high. Roots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is low. 1 1 ,1 14 • 13 V� Yp o) wV h :': 6 Y-- �i3 ,g 33 f 79 1 �- I ' 61 5 d C8?/ f ' .T ���qq i F. 6I', l6. t.m d�5}R 16 J 3 36 � , .i ! 1 Y `i ' 1;..4! � x 2 ,1 24 / P r yk 1 1� t a f 2 qt1 61 OP , or i.,F t o " a, F - et: Bz 2 . `. J f 25 1 AG.e944q 6 'A raw ; r 1 a�. 1 t 7 A i. . L. PJ R , :`'s 35 , k a ' ' P7 // k 36 I y 1 ¢s siA i d z, z ate i F.:. (, t j t: M ` Ar z^' I I I w. ` Y 6F Id(i i f 1 3 1e "Illill 4 ru saF"ct%;�• II a�n coopeiRbQ ekrri��� Exhibit K CLIMATE Information was downloaded from the Climatology Data-base at Colorado State University. The I average Daily temperature is 50.0 degrees and the average precipitations amount is 14.46 inches per year. GREELEY UNC is the closest data collection station to this property. The data in the table is for the years 1980-1997. IStation data Latitude - 40°25" Longitude - 104°42' Elevation - 4650 Feet MONTHLY MEAN TEMPERATURE. F) ' JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL AVERAGE 27.7 32.0 41.0 48.9 58.3 68.2 73.0 71.5 62.6 50.4 37.3 28.7 50.0 I MAXIMUM 33.6 39.4 47.1 54.8 62.7 72.8 76.0 75.4 66.6 53.7 43.0 38.4 51.9 YEAR 1988 1989 1980 1983 1995 1982 1992 1992 1985 1984 1985 1983 1985 MINIMUM 20.7 21.4 35.1 42.4 51.6 63.3 69.6 67.6 58.3 45.6 27.2 16.1 47.4 I YEAR 1988 1989 1980 1983 1995 1982 1992 1992 1985 1984 1985 1983 1985 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 MONTHLY MEAN MAXIMUM TEMPERATURE. (F) IAVERAGE 40.5 45.1 54.8 63.2 72.2 83.1 88.4 86.6 78.3 65.5 49.9 41.0 64.1 MAXIMUM 48.7 53.6 63.4 70.5 78.1 89.0 92.0 91.6 82.8 69.4 58.3 53.8 66.4 I YEAR 1981 1991 1986 1981 1994 1994 1980 1995 1981 1983 1981 1980 1981 MINIMUM 31.5 32.9 47.4 54.8 60.9 77.1 83.7 82.0 72.4 58.0 38.6 26.2 60.9 YEAR 1993 1989 1980 1983 1995 1995 1992 1992 1985 1984 1985 1983 1993 IYEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 MONTHLY MEAN MINIMUM TEMPERATURE. (F) I AVERAGE 14.9 19.0 27.1 34.7 44.4 53.3 57.7 56.4 47.2 35.3 24.6 16.3 35.9 MAXIMUM 20.2 27.1 30.9 39.5 47.3 56.7 60.0 59.4 51.7 38.1 28.4 22.9 37.5 YEAR 1994 1992 1992 1992 1994 1994 1980 1983 1997 1988 1995 1980 1994 I MINIMUM 8.2 9.8 22.9 30.0 40.0 49.1 55.6 53.2 43.9 32.3 15.7 6.0 33.0 YEAR 1984 1989 1980 1983 1983 1982 1992 1992 1984 1985 1985 1983 1985 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 ITOTAL MONTHLY PRECIPITATION. (IN) AVERAGE 0.58 0.48 1.34 1.51 2.46 1.99 1.59 1.12 1.11 0.95 0.90 0.42 14.46 I MAXIMUM 1.44 1.52 4.12 3.40 5.36 3.99 3.40 2.97 3.86 2.92 2.29 1.02 20.47 YEAR 1980 1987 1990 1983 1981 1995 1989 1997 1995 1984 1983 1985 1983 MINIMUM 0.05 0.00 0.19 0.18 0.74 0.21 0.37 0.23 0.00 0.03 0.02 0.00 10.10 I YEAR 1983 1991 1986 1982 1992 1990 1994 1995 1992 1988 1989 1996 1994 YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 I TOTAL MONTHLY SNOWFALL. (IN) AVERAGE 7.30 5.10 8.20 5.80 0.40 0.00 0.00 0.00 0.80 3.40 8.30 5.00 45.60 MAXIMUM 16.3 13.2 17.0 16.5 6.00 0.20 0.00 0.00 5.00 20.2 23.5 12.3 68.70 I YEAR 1980 1987 1988 1984 1983 1982 1997 1997 1985 1997 1983 1985 1983 MINIMUM 0.50 0.00 0.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 29.90 YEAR 1995 1992 1986 1992 1997 1997 1997 1997 1997 1994 1989 1996 1996 I YEARS OF RECORD 18 18 18 18 18 18 18 18 18 18 18 18 18 PREPARED BY:COLORADO CLIMAI E CENTER.DEPT.OF ATMOSPHERIC SCIENCE,COLORADO Si ATE ONIV.FT.COLLINS,CO 80523,(365)401-85451 DOWN LOADED FROM DATABASE -December 14,2000 I 46 • s i i i ADDITIONAL INFORMATIC ' necLamatLon costs , Local govennmena appnoval, othen penmit6 , b0Unec o4 legal night -to enter, ' tandownent 1 1 1 1 1 1 1 i 1 1 I s • EXHIBIT L ' RECLAMATION COSTS I This reclamation cost estimate in based on the assumption that there will be no more that 35.00 acres ± disturbed at any one time. It is also based on a worse case scenario i.e. , at a time when the I greatest area will need some form of reclamation. At that time we will have to respread 20, 166 cubic yards of topsoil, do 5,400 cubic yards of cut/fill dozer work on the working face, prepare 35 acres of seedbed and revegetate 35.00 ac. ± . The table below outlines the I various areas of disturbance at that time. The amount of topsoil that will be re-spread is based on an average of 6 inches and the cut/fill volume per linear foot is 2 .00 cy/lf. In this estimate a D-8 dozer will be used to do the cut/fill sloping. A 631-D motor scraper will I be used to resoil the area and a 140G motor grader will be sued to shape the seed beds. These figures are then used in the calculations for the bond amount. The revegetation cost figure includes I fertilizer, grass seed, mulch and drilling costs. STAGE TOTAL SOIL DEPTH NEEDS RESOILING 25.00 6" I NEEDS SEEDING 35.00 SEED BED PREPARATION 35.00 SECONDARY RESEEDING 25% SLOPE CUT/FILL 2700 LINEAR FEET IRESOIL @ 6" 20,166 CUBIC YARDS ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost I 1 . Revegetation includes grass seed mix, mulch, fertilizer and labor to drill $350 .97/AC. 2 . Re-spreading soil and/or growth media with I • 631-D Motor Scraper, Haul distance less than 500 . . 0.53/YD3 ,/ 3 . Slope Reduction of mine face, 2700 lft; ave height 10 feet D-8 cat push distance 100 ft or less . 0 . 173/YD3 a/ I4 . Seedbed preparation, 1 .49 ac/hr, 140 motor grader 48.26/AC a/ RECLAMATION COSTS I1 . Revegetation, 35.00 ac @ $350.97/ac $12,283 .95 2 . Resoiling, 20166 yd3*1.12 swell factor @ 53C/yd3 11, 925 .41 I 3 . Slope Reduction of mine face, 5400 yd3*1.05 swell factor @ 17.3 /yd3 978.90 4 . Secondary reseeding 35.00 ac * 25% @$350.97/ac 3, 070.99 4 . Seedbed preparation 35.00 ac @ 48.26/ac 1, 689 .01 I Net Total $29, 948.26 5 . Indirect costs Mobilization 3, 398.04 I Insurance, Bond, & Profit 3, 751 .02 6. Administration costs 1, 497 .41 TOTAL ESTIMATE $38, 794 .73 I RECOMMEND BOND BE SET AT $39,000.00 1/ Figured using Cat Handbook and rental costs from local sources for 83% effi- I ciency, 631-D motor scraper, for eastern Colorado 2/ Figured using Cat Handbook and rental costs from local sources for 83% effi- ciency, D-9 dozer, for eastern Colorado I 47 ' • • EXHIBIT M OTHER PERMITS AND LICENSES REQUIRED 1 . An Air Pollution permit will be applied for prior to com- mencement of operations. ' 2 . We have applied for a Use by Special Review permit from Weld County 3. This is a open pit operation and ground water will be ex- posed so a well permit and temporary supply plan is necessary. ' 4 . A dredge fill permit (404 ) is not required at this time because waters of the U.S. will not be impacted. If wetland areas are mined we will obtain the necessary permit. ' 5 . A Storm Water Management Plan (SWMP) will may be necessary for this pit if there is discharge from the mined area. ' 6 . A NPDES permit to dewatering will be obtained prior any discharge of water from the site. t 1 I ' 48 I s • IEXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER I I STATE OF COLORADO ) ss AFFIDAVIT ICOUNTY OF JEFFERSON ) ' Krystal Hoffschneider, being first duly sworn upon oath, deposes and says : I 1 . The surface and mineral rights in and to the property known as the S & H Mine, located in part of the SE' of Section 2 , I T-3-N, R-67-W, 6th P.M. Weld County, Colorado are owned by her, 100% fee simple. I 2 . Platte Sand & Gravel LLC is legally empowered to enter upon the subject lands and to conduct mining operations for construction and decorative rock and other auxiliary uses under a lease agreement. I3 . The lease agreement contains a clause governing replacement or repair of any structures affected by minin Krystal H chneider I SUBSCRIBEDS sworn to before me this ,- J D I day of d 2000, by Krystal Hoffschneider _ ��� � �r�,% gCHiEc 1 Not ry Publ 1 / \`r`� ,, i i ; �0 My commission expires : ( starial seal ); 1 s 4/0/ IMy Camnssiai Epkes 0&01/2004 50 ' EXHIBIT 0 OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA ' SURFACE AREA AND SUBSTANCE TO BE MINED Sharkey, Tom, 15430 Copperfield Dr. , Colorado Springs, CO 80921 Hoffschneider, Krystal R. , P.O. Box 180, Littleton, CO 80160 ADJOINING LANDOWNERS ' Sharkey, Tom, 15430 Copperfield Dr. , Colorado Springs, CO 80921 Harden, Katheryn A. , P.O. Box 564, Platteville, CO 80651 Decker, Michael & Lisa, 11142 WCR 38, Platteville, CO 80651 ' Odenbaugh, Stanley & Mary, 11100 WCR 38, Platteville, CO 80651 Plutt, Kristi A. , 11247 WCR 36, Platteville, CO 80651 Public Service Company of Colorado, 1225 17th Street, Denver, CO 80202 ' DePratt, Mike E. & Gina, 10997 WCR 36, Platteville, CO 80651 Garcia, Arthur P. , 11283 WCR 401, Platteville, CO 80651 Ptasnik, Michael & Joy, 4815 S. Vine St, Englewood, CO 80110 Swank, Norman & Judith, 16543 WCR 23 , Platteville, CO 80651 Kline, Brad & Jill, 16716 WCR 23, Platteville, CO 80651 Weld County Commissioners, 915 10th St. , Greeley 80631 Union Pacific Railroad, 1614 Dodge St. , WP001, Omaha, NB 68179 ' OIL, GAS AND OTHER MINERAL LEASES Eddy Oil Company, 1432 S. Lancing St. , Aurora, CO 80012 HS Resources, Inc. , 1999 Broadway Suite 3600, Denver, CO 80202 Patina Oil & Gas Corp. , 1325 Broadway Suite 2000, Denver, CO 80202 Prima Oil & Gas Company, 1801 Broadway, Denver, CO 80202 ' RECORDED ROW'S Duke Energy, 307 17th St, #900, Denver, CO 80202 Eddy Oil CO, 1432 S. Lancing St, Aurora, CO 80012 HS Resources, Inc. , 1999 Broadway #3600, Denver, CO 80202 ' Patina Oil & Gas Corp. , 1325 Broadway #2000, Denver, CO 80202 Prima Oil & Gas CO. , 1801 Broadway, Denver, CO 80202 Public Service Company, 1225 17th Street, Denver, CO 80202 1 51 EXHIBIT P MUNICIPALITIES WITHIN TWO MILES i The town of Milliken, Colorado is within two miles of this site. 1 Town of Milliken P.O. Box 290 Milliken, CO 80543 1 (970) 587-4331 1 1 1 1 1 1 i 1 1 1 i 1 52 1 ' • • EXHIBIT Q NOTICE TO COUNTY COMMISSIONERS ' NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Platte Sand & Gravel LLC (the "Applicant/Operator") has applied for a regular (112) reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached ' information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Mined Land Reclamation Division ("the Division") and the local county clerk and recorders office. The applicant proposes to reclaim the land to private recreations and pasture. Pursuant to C.R.S. 34-32 . 5-116 (4) (m) , C.R. S. , the ' Board may confer with the local Board of County Commissioners before approving the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 .5-112 (10) , C.R. S. ' If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Minerals and Geology, 1313 Sherman St. , Room 215, Denver, CO 80203 , (303) 866-3567 . ' Platte Sand & Gravel LLC (INSERT DATE) Hand Delivered ' 53 EXHIBIT Q (cont.) NOTICE TO SOIL CONSERVATION DISTRICT 1 NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT ' FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT ' Platte Valley DISTRICT ' Platte Sand & Gravel LLC (the "Applicant/Operator" ) has applied for a regular ( 112 ) reclamation permit from the Colorado Mined Land Reclamation Board ( "the Board" ) to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Mined Land Reclamation Division ( "the ' Division" ) and the local county clerk and recorders office. The applicant proposes to reclaim the land to a private recreation ' area and pasture. Pursuant to C.R.S. 34-32 .5-116(4 ) (m) , C .R.S. , the Board may confer with the Board of the local Soil Conservation District before approving the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. t Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of ' last publication notice pursuant to Section 34-32 .5-112 ( 10 ) , C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division ' of Minerals and Geology, 1313 Sherman St. , Room 215, Denver, CO 80203, (303 ) 866-3567 . ' Platte Sand & Gravel LLC ( INSERT DATE) ' 54 • • ' EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER December 20, 2000 Clerk to the Board ' Weld County Commissioners Office 915 10th Street, 3rd Floor Greeley, Colorado 81003 ' Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a permit application for ' the S & H Mine to be operated by Platte Sand & Gravel LLC. Five copies of the application are on file with the Division of Minerals and Geology. This copy of the application is delivered to you pursuant to ' 34-32 .5-112 (9 ) (a) , Colorado Revised Statutes 1995, as amended, which states in part: .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. t This book must be kept for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit applica- tion by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the ' book. This will be submitted to the Division of Minerals and Geology to prove the application book was delivered to your office. ' Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian ' enclosure RECEIVED THIS DAY OF , 1996, one copy ' of an MLRB application for above mine. Weld County Clerk to the Board By 1 ' 55 IEXHIBIT S PERMANENT AND MAN-MADE STRUCTURES I The list on the next page represents the permanent man-made I structures within 200 feet of or within the mining areas. Some offsite structures are within 200 feet of the permit area but on within 200 feet of an area to be mined. These structures are so noted on the list with a * behind them. No mining will take I place within 200 feet of any structures until we have proven that mining will not affect them or we have an agreement with the owner that will allow us to operate within 200 feet of the Istructure. I DATED this in k day of O c c_c_K L e , /^ COO I " 1 �- Ro y o f hneider I Op rations artner STATE OF COLORADO ) ' ss . COUNTY OF JEFFERSON ) IThe forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this 41) day of Ay. , r, .2. I _ gCHIFFF�,li GG! /4t i i t/.611.''1-'9 1I, N to Publ ' (N��AR7AL SEAL) s • WK it My commission expires: ,4F OF COQ- '-" I My Corprisice ESOM6 064111001 I I I 56 I • • IPERMANENT AND MAN-MADE STRUCTURES EXHIBIT S (cont) I Please refer to MAP EXHIBIT C - AFFECTED LAND MAP for the location of the structures listed below; I Sharkey Public Service - 22 - 3 strand wire fences (internal 1 - Powerline east side and along east side) 1 - Powerline south side I 1 - 3 strand wire fence (along Powerlines on site south line) 5 - wood pole corrals near barns* Duke Energy 3 - houses* natural gas line ill 8 - out buildings and barns* 11 - water wells Eddy Oil CO 4 - oil tanks Hoffschneider 2 - gas collector lines II 1 - house 2 - oil wells (one well*) 1 - water well 2 - gas dryer units (one unit*) 3 - 3 strand wire fence (along south line) HS Resources, Inc. I 19 - oil tanks Weld County 20 - gas collector lines St. Vrain Monument* 22 - oil wells County Roads (30 and 23) 9 - gas dryer units IUnion Pacific Railroad Patina Oil & Gas Corp. Rail line* 2 - oil tanks Communication line* 1 - gas collector line ' 1 - oil well Western Mutual Ditch 1 - gas dryer unit Irrigation ditch Prima Oil & Gas CO. ' Odenbaugh 4 - oil tanks 1 - 3 strand wire fence* 2 - gas collector lines 2 - oil wells Ptasnik 1 - gas dryer unit 1 - house* 2 - out buildings/barns* Garcia - none 1 - water well* Decker - none I Plutt 1 - 3 strand wire fence Harden - none DePratt Kline - none I 1 - house 1 - out buildings/barns Swank - none 1 - water well 1 - 3 strand wire fence ' * not within 200 feet of mined area I I I I 57 I I APPENDIX I I I I I I I I I I I I I • • PUBLISHED NOTICE OF APPLICATION FILING FOR A REGULAR (112) CONSTRUCTION MATERIALS RECLAMATION PERMIT PUBLIC NOTICE Platte Sand & Gravel LLC has filed an application for a ' Reclamation Permit with the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act for the extraction of construction materials . The proposed mine ' is known as the S & H Mine and is located in parts of Sections 26, 34 and 35 , T-4-N, R-67-W, and parts of Sec. 2, T-3-N, R-67-W, 6th Principal Meridian, Weld County, Colorado. The proposed date of commencement was 2001 and the proposed ' date of completion December 2100 . The proposed future use of the land is private recreation and wildlife area. Additional information and the tentative decision date may ' be obtained from the Mined Land Reclamation Division, 1313 Sher- man St. , Suite 215, Denver, CO 80203 (303 ) 866-3567, or at the Weld County Clerk to the Board's office, 915 10th St. , 3rd floor, ' G'reeley, Colorado 80631, or the above named applicant. Comments must be in writing and must be received by the Division of Minerals and Geology by 4 : 00 p.m. on (Date) . Please note that comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects and similar ones, are typically addressed by your local ' governments, rather that the Division of Minerals and Geology or the Mined Land Reclamation Board. ' Platte Sand & Gravel LLC Lakewood, Colorado ' First Publication: Second Publication: ' Third Publication: Last Publication: Published in: 1 1 1 58 I • • ' CERTIFICATE OF SECRETARY I f I, Adrienne Schieffer, Secretary of Platte Sand & Gravel LLC a Colorado imited liability corporation, certify that on the Al I day of /Ke' , 2000 , the Board of Directors of the Corporation consented to the following resolution and said resolu- tion was proposed, seconded and unanimously adopted by the Board. IRESOLVED, that Rocky Hoffschneider an operating partner of the Corporation, is authorized to sign and execute for and on behalf of Ithe Corporation all applications, reclamation bonds, petitions, contracts, correspondence and any and all other documents to be submitted to and filed with the Division of Minerals and Geology under the provisions of the Colorado Mined Land Reclamation Act, IColorado Revised Statutes 1995, as amended, Article 32 . 5; and FURTHER RESOLVED, that Rocky Hoffschneider as an operations I partner of the Corporation , is authorized and empowered to represent and act for the Corporation in any capacity in connection with any acts or activities with or before the Mined Land Reclamation Board under the provisions of the Colorado Mined Land ' Reclamation Act, and any action taken by said Rocky Hoffschneider, for and on behalf of the Corporation shall in all respects be considered the act of the Corporation; and IFURTHER RESOLVED, that Rocky Hoffschneider an operations partner of the Corporation, is authorized to sign and execute for Iand on behalf of the Corporation all applications for zoning, rezoning, special use permits, conditional use permits, special exceptions and any other forms required by county or city govern- ment relating to the Corporation's mineral extraction activities. IDATED this ,..,./1Pc) day of fr, 160 VIZICAr IAdrienne Schi fer, cre ary STATE OF COLORADO ) / ) ss . COUNTY OF JEFFERSON ) IThe for going was acknowledged, subscribed and sworn to before me, a Notary Public, this ao day of h&c's-nil/34...e_ , Rom) .I GPs'L OB9/ Notary Public (NOT a I Mr 9 Z My commission expires: /8-OCr— aaoO, ) ' -A% BI.W.to -0)e:**OF COV 58 ' • • NOTICE I This site is the location of a proposed construction materials operation . Platte Sand & Gravel LLC whose address and phone number is 1300 Harlan St. ' Lakewood , CO 80215 , (303) 274-4474, 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 Recorders ' office, 915 10th St. , 3rd floor, Greeley, Colorado 80631 , and should send comments prior to the end of the public comment period to the Division of Minerals and Geology , 1313 Sherman St, Room 215 , Denver, CO 80203 . ' Certification: , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the S & H Mine, on ' Signature Date ' 60 IPROOF OF PUBLICATION • 1 1 1 1 61 File contains oversized map Please see original file Hello