The URL can be used to link to this page

Browse Search

Home My WebLink About20012869 4311 Highway 66, Suite 4 Longmont, CO 80504 11 Office (970) 535-9318 Denver (303) 485-7838 Fax: (970) 535-9854 Mr. Kim Ogle August 27,2001 Weld County Planning&Zoning Department 1555 N. 17th Avenue Greeley, CO 80631 Dear Mr. Ogle, Included is a revised Use by Special Review for a Mining Operation Application page and mining description along with maps for the Platte Sand and Gravel, LLC, S&H mine, USR #1306. The primary revision in the application is a reduction of the main mining area to 180 acres and a reduction of the requested time for the permit to 20 years. Additionally,this submittal includes the following exhibits to supplement the record: 1. Mined Land Reclamation Board(MLRB)permit for the S&H mine 2. MLRB Financial Warranty and Performance Warranty 3. CTL/Thompson, Inc. Consulting Engineers aggregate investigation 4. Western Mutual Ditch Company Water Agreement 5. Western Mutual Ditch Company Easement Agreement 6. Western Mutual Ditch Company Crossing Agreement 7. Traffic Impact Study 8. Draft Road Improvements Agreement(s) 9. Xcel Energy Agreement Letter 10. Ptasnik/Decker/Platte Sand and Gravel -Dewatering Mitigation Agreement 11. Dewatering recharge protection plan 12. Colorado Department of Public Health& Environment Discharge Permit 13. Approved Substitute Supply Plan 14. State Engineers Office Well Permit 15. Affidavit from the Platteville/Gilcrest Fire Department 16. Letter from the Town of Milliken Please co tact me at ) 535-9318 if you have any questions. Sin r , homas Haren Environmental Consultant EXHIBIT a Your "Pro Ag"Environmental Professionals 2001-2869 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax(970)304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: To be completed by APPLICANT in accordance with procedural guide requirements: 1. I(we),the undersigned,hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel mining operation for the following described unincorporated area of Weld County LEGAL DESCRIPTION: See attached. PARCEL NUMBERS: See attached. 2. Surface owner(s)of area of land described: Name: Tom Sharkey Address: 15430 Copperfield Drive Phone: (719) 522-0500 Colorado Springs, CO 80921 Name: Krystal Hoffschneider Address: P.O. Box 180 Littleton, CO 80160 Phone: (303) 274-4474 3. Owners of mineral rights or substance to be mined: Name: Tom Sharkey Address: 15430 Copperfield Drive Phone: (719) 522-0500 Colorado Springs, CO 80921 Name: Krystal Hoffschneider Address: P.O. Box 180 Littleton, CO 80160 Phone: (303) 274-4474 4. Source of applicant's legal right to enter and to mine on the land described: Copy of Source of Legal Right to Enter and Deeds 5. Applicant's address: Platte Sand and Gravel, LLC Phone: (303) 274-4474 1300 Harlan St., Lakewood, CO 80215 P.O. Box 180, Littleton, CO 80164 6. Identify any prior permits for mining held by applicant or affiliated person: None 7. Description of Operation a. Types and number of operating and processing equipment to be used: Gravel Plant—1, Concrete Plant, Asphalt Plant—1, Precase plant—1, Recycling Plant—1. b. Maximum number of employees: 40, and number of shifts: 2 c. Number of stages to be worked: 1,and periods of time each is to be worked: 20 years. d. Thickness of mineral deposit: 45+feet, and thickness of the overburden: 0-24" e. This will be a wet/dry pit operation: Dry 60 days at start and then wet. f. Site entrance/exit points and County Roads and Bridges to be utilized between site and delivery point(s)(must be coordinated with County Engineer): New access at intersection of Weld County Road 23 and 36. 8. Description of reclamation a. Proposed reclamation land use(s): Private and public wildlife area and recreation area. b. Source of technical advise for reclamation: Environment, Inc., Steve O'Brian; Soils - NRCS: ERO Resources—environmental. (See MLRB Permit and Approval) c. Explanation of Reclamation Process: Areas above water will be re-soiled and seeded according to Mined Land Reclamation Board Permit. I here by depose and state under the penalties of perjury that all statements,proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. S nature: ner A iz gent Rocky Hoffsc neider, Agen Platte Sand and Gravel, LLC Platte Sand and Gravel, LLC S & HMine Weld County Use by Special Review Division 4 — Open Mining (Revised) August 10, 2001 UPI AgPro Environmental Services,LLC 4311 Highway 66 Longmont,Colorado 80504 (970)535-9318 Contents Section 23-4-260 Application 3 Section 23-4-260.A. - Legal Description 3 Section 23-4-260.B. - Fee owners of the surface area to be mined 3 Section 23-4-260.C. - Fee Owner of Substance to be mined 3 Section 23-4-260.D. —Legal Rights to Enter 4 Section 23-4-260f. —Address of the General Office and Address of Applicant 5 Section 23-4-260.F. —Other Mining Permits 5 Section 23-4-260.G. —Detailed Description of the Method of Operation 5 Property Map Outlining Mining Area 6 Revised Mining Map 7 Section 23-4-260.G.1. —Types and numbers of operations and processing equipment employed 8 Section 23-4-260.G.2. —Number of Shifts to be worked and maximum number of employees 8 Section 23-4-260.G.3. —Mining operation type—Wet or Dry 8 Dredge Operation Schematic 9 Section 23-4-260.G.4. —County roads and Bridges to be utilized 10 Section 23-4-260.G.5. — Size of the Area and stages to be worked at any one time 10 Section 23-4-260.G.6. —Timetable giving period of time required for Various Stages 10 Section 23-4-260.G.7. —Depth and Thickness of Mineral deposit and thickness of overburden to be removed 10 Section 23-4-260.G.8. —The proposed use of reclaimed lands and an explanation of the reclamation process 11 Section 23-4-260.G.9. - The Source of Technical Advice in that type of reclamation for open cut mining 11 Section 23-4-260.G.10—Any other information determined to be necessary by the Board of County Commissioner's to ensure protection of the Health, Safety and Welfare 12 Section 23-4-260.E. - Address of the General Office and Address of Applicant Platte Sand and Gravel, LLC 1300 Harlan Street, Lakewood, CO 80215 P.O. Box 180 Littleton, CO 80164 Section 23-4-260.F. - Other Mining Permits None Section 23-4-260.G. - Detailed Description of the Method of Operation The use proposed in this application is for a single-phase open pit sand and aggregate mining operation for extracting and processing, sand and gravel contained under the site including additional support and related aggregate facilities. Initial mining will occur on a small bench deposit located southeast of the Plant Site. Gravel is exposed at the surface and mining will not require any dewatering or dredging. This area will be mined using a loader. This area will be mined to establish internal roadways and the plant site base. Once the plant site base is established, simultaneous preparations to place a dredge in the Sharkey's Lake are will occur. A small starter pit will be prepared, dewatered temporarily and excavated to an area not to exceed 1 acre in size. The dredge will be assembled in the starter pit and the dewatering will cease. As water recharges the pit, it will float the dredge and continuous wet mining will occur throughout the proposed 180- acre area of Sharkey's Lake. Dewatering is expected to occur for only 60 days. A map of the initial mining area, plant site and 180-acre mining area in Sharkey's Lake is attached. Sand and gravel from the dredge will be processed on-site. Aggregate stockpiles will be located in the Sharkey's lake area adjacent to and within the plant site. This plant site is where all the materials mined will be processed and stockpiled before sale. Support and related aggregate facilities include a concrete batch plant, an asphalt batch plant, a concrete pre-casting facility, concrete/asphalt recycling plant and a maintenance facility consisting of a machine and repair shop, an office, scale house and scale, and miscellaneous storage buildings related to the site. Current plans are to use an existing house in the ranch complex as the primary office facility. The concrete batch plant, asphalt plant, concrete pre-cast facility and concrete/asphalt recycling are materials processing operations that coincide with the aggregate mining operations. Section 23-4-260.G.1. - Types and numbers of operations and processing equipment employed The plant site area will contain typical aggregate processing equipment and asphalt and concrete batch plants. Equipment used in this operation are: a dredge; a processing plant containing screens, crushers, conveyors; a water truck; haul trucks; two motor graders; a dragline; a dozer; 3 to 5 front-end loaders and 2 + scrapers. The equipment will remain on the site for the life of the mine, but the exact number of each individual type of equipment will fluctuate depending on the amount of materials produced each year. Section 23-4-260.G.2. — Number of Shifts to be worked and maximum number of employees All sand and gravel operations will be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. Administrative and executive offices or repair facilities may be operated during hours beyond daylight. Two shifts may be operated during peak summer season. The maximum expected number of employees on-site is 40. Section 23-4-260.G.3. — Mining operation type — Wet or Dry After initial start-up, mining will be a wet operation. Initial mining will occur on a small bench deposit located southeast of the Plant Site. Gravel is exposed at the surface and mining will not required any dewatering or dredging. This area will be mined using a loader. This area will be mined to establish internal roadways and the plant site base. Once the plant site base is established, simultaneous preparations to place a dredge in the Sharkey's Lake are will occur. A small starter pit will be prepared, dewatered temporarily and excavated to an area not to exceed 1 acre in size. The dredge will be assembled in the starter pit and the dewatering will cease. As water recharges the pit, it will float the dredge and continuous wet mining will occur throughout the proposed 180- acre area of Sharkey's Lake. Dewatering is expected to occur for only 60 days. Dredge Operation Schematic A ► ►a INC. 2355 YANKEE AVENUE i DURANT, IOWA 52747 ■ !319) 785-6539 • `AX j3"9) 785-6543 3-WIRE DREDGE POSITIONING SCHEMATIC *.r `r,f • • °'"r ,/`. ; _ SWING LINE :� ..... ` J . \ � MATERIAL BANK A . DREDGE ) 1 FLEXIBLE JOINT ( 3 places) \ TAIL LIVE t ‘ SHORE. LINE --` 1 \ N. 1. jh?ROEPE \ e \ Section 23-4-260.G.4. — County roads and Bridges to be utilized Access for the operation will be via a private access road running north from the intersection of Weld County Road (WCR) 23 and WCR 36. This private road follows the east property line and will be constructed on the County Road right-of-way that would be an extension of WCR 23. Internal roads will connect to this new road that will cross the site to an existing road that traverses the property from north to south. Historically this road has been used as an internal ranch road. The proposed haul route is south on the private road to the intersection of WCR 23 and WCR 36, south on WCR 23, a treated road, for 1.5 miles to WCR 32.5, which is paved; then west along WCR 32.5 to WCR 21 then south to State Highway 66. One bridge is located on WCR 23 approximately one-half mile east of the access point and one on WCR 32.5 (south). A copy of the Platte Sand and Gravel/S&H Mine Traffic Study is included along with a draft Improvements Agreement for Public Roads. Section 23-4-260.G.5. — Size of the Area and stages to be worked at any one time The size of the initial surface mining operation south of the Plant Site is approximately 11 acres. It will be dry excavated. No dewatering will be required. Aggregate from the initial mining area will be used on the site to build roads and a base for the plant site. The main mining area is 180 acres and will be a single stage mining operation worked continuously. Section 23-4-260.G.6. — Timetable giving period of time required for Various Stages The USR permit request is for mining 180 acres of Sharkey's Lake in a single stage. The requested USR permit length is 20 years. Section 23-4-260.G.7. — Depth and Thickness of Mineral deposit and thickness of overburden to be removed The depth of the gravel reserve averages 45 feet deep with the deepest areas averaging approximately 60 feet deep. Plans show the depth of each excavated area to be 45 feet but may mine deeper if the material is consistent. Records indicate that along this section of the river, the deposit is 60 feet deep and has a 30% rock, 70% sand ratio. The soils vary from 0 to 24 inches, averaging 6 inches with little or no overburden on most of the site. Areas where mining starts have a very thin cover of sandy soil. CTL Thompson/Consulting Engineers, estimates the reserve may exceed 87 million cubic yards across the site. Section 23-4-260.G.8. — The proposed use of reclaimed lands and an explanation of the reclamation process The proposed uses of the reclaimed lands are private and public recreation, livestock grazing, trails and open space. Further options include water storage should the lakes be contained with a slurry wall at a later date. Discussions with the Town of Milliken have included a trails system, open space, water storage and water supply. Restoration of the initial bench deposit located south of the Plant Site will be reclaimed immediately. Once the reserves are removed from the initial area of Sharkey's Lake, reclamation will begin and will be concurrent to mining. Sloping will run concurrent with mining to reduce the amount of land needing grading at any one time. Normally resoiling, grading, and shaping is done on the exterior slope as mining progresses and then the finished area is seeded. Additional technical detail is provided in the Mined Land Reclamation Board (MLRB) application, and subsequent MLRB approval. A copy of the MLRB approval is attached. Section 23-4-260.G.9. - The Source of Technical Advice in that type of reclamation for open cut mining The site plan, Special Use Permit and reclamation plan was prepared in part by the following: Thomas Haren & Sharyn Frazer Fred Ginsberg AgPro Environmental Services, LLC Attorney at Law 4311 Highway 66, Suite 4 19201 E. Main Street, Suite 201 Longmont, CO 80504 P.O. Box 697 Parker, CO 80134 Kris Picket Stevan O'Brian Pickett Engineering Environment, Inc. 808 8th Street 7985 Vance Drive, Suite 205A Greeley, CO 80631 Arvada, CO 80003 John Ford/Greg Roush ERO Resources Corp. Leonard Rice Consulting Water Engineers 1842 Clarkson Street 2000 Clay Street, Suite 300 Denver, CO 80218 Denver, CO 80211-5119 William Hoffman, P.E. *Division of Minerals and Geology CTL Thompson, Inc. *Colorado Division of Wildlife 5240 Mark Dabling Blvd. *Office of the State Engineer Colorado Springs, CO 80918 *Soil Conservation Service *USDA Natural Resource Conservation Service Section 23-4-260.G.10 - Any other information determined to be necessary by the Board of County Commissioner's to ensure protection of the Health, Safety and Welfare. Additional information and agreements: 1. Mined Land Reclamation Board(MLRB)permit for the S&H mine 2. MLRB Financial Warranty and Performance Warranty 3. CTL/Thompson Consulting Engineers Aggregate Investigation 4. Western Mutual Ditch Company Water Agreement 5. Western Mutual Ditch Company Easement Agreement 6. Western Mutual Ditch Company Crossing Agreement 7. Traffic Impact Study 8. Draft Road Improvements Agreement 9. Xcel Energy Agreement 10. Ptasnik/Decker/Platte Sand and Gravel-Dewatering Mitigation Agreement 11. Dewatering recharge protection plan 12. Colorado Department of Public Health &Environment Discharge Permit 13. Approved Substitute Supply Plan 14. State Engineers Office,permit STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY nDIVISION Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 Phone:(303)866-3567 FAX:(303)832-8106 August 10, 2001 Bill Owens Mr.Rocky Hoffschneider Governor Platte Sand &Gravel LLC Greg E.Watcher P.O. Box 180 Executive Director Michael B.Long Littleton, CO 80160 Division Director Re: S & H Mine,M-2000-158,Permit Issuance- Construction Material Operation Dear Mr. Hoffschneider: On August 10, 2001 the Division of Minerals and Geology found Platte Sand &Gravel LLC to have satisfied the applicable requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Therefore, a permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. 1. All of the original application materials, as amended and supplemented, are an integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel, to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions,and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, August 10th, you must submit an annual fee and an annual report to us. The annual fee for this permit is $688.00. Please consult the Act, Rules and Regulations, and your permit for specific annual report requirements applicable to your mine. If you have any questions,please the contact the Division. Sincerely IC Division Direc r MBL/CBM/bdc Enclosure cc: Stevan L. O'Brian, Environment, Inc. STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St., Room 215 DIVISION OF Denver,Colorado 80203 MINERALS Phone:1303)866-3567 & FAX:(303)832-8106 GEOLOGY RECLAMATION MINING•SAFETY MINING AND RECLAMATION PERMIT CONSTRUCTION MATERIAL MINING OPERATIONS Bill Owens Governor Greg E.Watcher Executive Director Permit Number: M-2000-158 Michael B.Long Type of Permit: 112c Division Director Permit Date: August 10,2001 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. The Permittee, Platte Sand&Gravel LLC desires to conduct a mining operation known as S & H Mine, for the purpose of extracting sand and gravel. The Permittee will not mine any secondary commodities at this site. B. On June 27, 2001 the Mined Land Reclamation Board (the "Board') approved the Permittee's application for this permit,fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the Division of Minerals and Geology (the "Division") of performance warranty and financial warranty(or warranties)in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. If the Permittee desires to extract materials other than those listed in(A), a separate permit may be required. D. On June 27,2001 the Board made the following findings: 1. The application for this pennit complies with the requirements of the Colorado Mined Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq.,as amended,and with all applicable local,state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man-made structure located within two hundred feet of the Affected Land, except where there is an agreement between the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Permittee;and; -2- 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Act,and the Construction Material Rules and Regulations. E. The Pennittee has made a showing satisfactory to the Board: 1)that it will employ, during and after its underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such operation; 2)that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and 3)that, in the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. F. A copy of the Permittee's application,as amended and supplemented,has been approved by the Board and is,by this reference,incorporated herein. G. The issuance of this permit does not relieve you from having to comply with all applicable Federal, State and County statutes,including State water law. GRANTS,CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the Pennittee,to engage in the operations described in the application on certain lands lying in the County of Weld, State of Colorado. These lands are deceribed in the permit application, as amended and supplemented, and are referred to herein as the"Affected Lands". This permit is issued subject to the following conditions and agreements: 1) The Pennittee will be bound by all applicable requirements of the Act, and all applicable rules and regulations of the Board, as amended from time to time,the terms of the permit application,the terms of the performance warranty,and the terms of the financial warranty filed with the Division. 2) The Pennittee will file with the Division its annual report and fens on each anniversary date of this permit. • 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Pennittee or monitoring by the Division indicate that the operation will not be able to comply with the requirements of the Act and applicable rules and regulations of the Board,the Pennittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. 4) The Board,or its authorized representative may enter upon the lands of the permitted operation at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and Regulations,and permit have been complied with pursuant to C.R.S. 34-32.5-121. 5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations promulgated by the Board,the permit,or by violation of a Board Order. 6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation,or to respond to an emergency as defined by C.R.S. 34-32.5-121(2) -3- b) The Board will ceder the lands to perform reclamation only if the Board has determined: i. that reclamation required by law to have been performed upon such lands has not been performed,and ii. that financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws,if any,have been initiated. c) The Division, acting for the Board, will enter lands to respond to an emergency only where the Division determines that any of the conditions of Construction Material Rule 8.4.2.exist. 7) The additional conditions set forth in the attached rider, if any, are incorporated herein by reference. / X( / a) Rider is attached. / / b) No rider is attached. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES --may MICHAEL B.LO Division Director RIDER TO MINING PERMIT Permit Date: August 10,2001 Pennit No: M-2000-158 The following additional stipulations and conditions form an integral part of the foregoing permit: Stipulation No. Description 1. The Applicant will install recharge structures between the point of dewatering and any wells adjacent to the operation. Sufficient waters being discharged will be directed to the recharge structures to protect adjacent wells and the cottonwoods while active dewatering is occurring. 2. The Applicant will prepare and submit to the Division for its approval a complete design for the construction of any recharge structure by no later than August 1, 2001. By private agreement, the Applicant has agreed to submit the design for the recharge structures to Dr. Ptasnik and his consultants for their approval. The Applicant and Dr. Ptasnik intend to agree on the construction designs for the recharge structures prior to submittal to the Division. 3. The Applicant will not conduct any dewatering activities until the design for the recharge structures is approved by the Division and incorporated into the permit. Further, dewatering will not be conducted until the recharge structures are constructed. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES CHAEL B. Division Director • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources UI„I ION oI 1313 Sherman Si..Room 215 MINERAL S Denver, Colorado 80203 & Phone: 1303)fl66-3567 G F 0 L O G Y FAX: 1303)832-8106 e E c t,"n n o Y ninuic•sarErr Bill Owns Governor FINANCIAL WARRANTY CFCI E wald,er E..runive Direclor CORPORATE SURETY nudi.,et B Tong Oineco. Bond11 P50100 Operator: p7 a Lt.e Sand F, Gravel LT('/ Ry Pnnrrptp Managewent CnrpOration Operation: S&H Mi nP PermitNo.: M_7nnn_15s BondNo.: P50100 Warrantor: Pioneer General Insurance Company Street: 6780 E. Hampden Ave. City: Denver, CO 80224 State: CO Zip Code: 80224 Area Code: 303 Telephone: 758-8122 • KNOW ALL MEN BY THESE PRESENTS,THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 gt seq. (the "Act"),-as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board(the "Board") receives a Financial Warranty(or Warranties)as described in the Act. WHEREAS, P1 atte Sand F, (;rave1 . LL(' (the "Operator"), a ('n1 n ra d n corporation,has applied for a permit to conduct a mining operation known as Gd H Mire (the "Operation"),on certain lands in wp 1 d Counts, Colorado. These lands are described in the permit application, as amended and supplemented,and are referred to herein as the "Affected Lands". WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the Affected Lands that are now,or may become,subject to the pemtit. as required by law. • C [P 1111111 WHEREAS, the Operator and Pioneer General Insurance Company (the"Warrantor"). a corporation organized and existing under the laws of the State of Colorado and duly authorized to transact a bonding and surety business in the State of Colorado are hereby and firmly bound unto the State in the sum Ofona m,ndred F1 even Thousand Five HundIwlthrs ($ 111 ,500.00 for the life of mine or until such time as replacement is received, for the payment of which sum, well and truly made,we hereby bind ourselves and our personal representatives,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Board has determined, in accordance with the Act, that the estimated costs of reclamation of the Affected Lands are those amounts for the stated periods of time as set forth herein. Said amount may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS,the Operator and the Warrantor,in accordance with the Act,has promised and hereby promises the Board that it will be responsible for all the estimated costs of reclamation with regard to the Affected Lands. WHEREAS,the Board has determined that this Financial Warranty by the Warrantor equals the estimated costs of reclamation, as approved by the Board, with regard to the Affected Lands. NOW,THEREFORE,the Operator and the Warrantor are held hereby firmly unto the State of Colorado in the amount of those sums for those periods of time as set forth herein,until this Financial Warranty is amended or released in accordance with applicable law. • The Board may,for good cause shown, increase or decrease the amount and duration of this Financial Warranty. The Operator shall have sixty(60) days after the date of notice of any such adjustment to increase the surety amount,but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Operator and the Warrantor shall notify the Board immediately of any event which may impair this Financial Warranty. If the Board receives such notice,or otherwise has reason to believe that this Financial Warranty has been materially impaired, it may convene a hearing in accordance with the Act for the purpose of determining whether impairment has occurred. The obligation of the Operator and the Warrantor shall continue until the Board has released this Financial Warranty or has ordered it forfeited in accordance with applicable provisions of the Act. It is understood that periods of years may necessarily be required before determination can be made that reclamation of the Affected Lands has been satisfactorily completed. It is also recognized that, as reclamation is accomplished, the amount of this Financial Warranty may be reduced with the approval of the Board so that it reflects the then current estimated cost of the remaining reclamation of the Affected Lands. No revision, extension,or renewal of the permit,or of the time allowed to complete reclamation,shall diminish the Operator's or Warrantor's obligation under this Financial Warranty. No misrepresentation by the Operator which may have induced the Warrantor to execute this Financial Warranty shall be any defense to demand by the State under this agreement. In ally single year during the life of the permit, the amount of the Financial Warranty shall not exceed the estimated cost of fully reclaiming all lands to be affected in said year, plus all lands affected in previous permit years and not yet fully reclaimed. Reclamation costs shall be computed with reference to current reclamation costs. 3 The amount of this Financial Warranty is based upon estimates as to the cost of reclamation. and does not operate to liquidate, limit,enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the permit and with applicable laws and regulations governing reclamation. even though the actual cost thereof may substantially exceed the amount of this Financial Warranty. The Warrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless increased by a later amendment to this Financial Warranty. This Financial Warranty shall be reviewed by the Board from time to time, and the Board may require an increase in the principal sum of this Financial Warranty(and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation.but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Warrantor reserves the right to cancel this Financial Warranty,effective only upon an anniversary date, and only by giving written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date, addressed to both the Operator at its address herein stated, and to the Board at the address herein stated. In the event of such cancellation. this Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all areas disturbed prior to the effective date of such cancellation, unless and until the Operator shall file a substitute Financial Warranty which: (I) assumes liability for all reclamation obligations which shall have arisen at any time while this Financial Warranty is in force; and (2) is accepted in writing by the Board. In the'event of such cancellation, if the Financial Warranty is not fully released,the amount of the continuing Financial Warranty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be fixed by the Board at the amount it determines necessary to complete such reclamation (which amount may not exceed the sum designated herein)and the Board shall concurrently identify such areas in writing,and notify the Warrantor and the Operator thereof Thereafter, the obligation of the Warrantor shall be limited to reclamation of the areas so identified. The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder. The Board may make demand upon the Warrantor for payment hereunder if the Board determines that reclamation which ought to have been performed by the Operator, or its successors or assigns, remains unperformed, and if Financial Warranty forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State to receive the amount so demanded. However, if,upon completion of reclamation by the State, the amounts expended for reclamation shall be less than the amount received from the Warrantor, the excess shall be promptly refunded to the Warrantor. If demand is made upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to make payment of such amount within ninety (90) days after the date of receipt of such demand,or if it should thereafter be determined,by agreement of the Warrantor or by final judgment of court. that the amount demanded was properly payable, the Warrantor agrees to pay to the Board, in addition to the amount demanded, interest at the prime rate in effect from time to time at The United Bank of Denver for the period commencing at the end of such ninety-day period and ending on the date of actual payment. _4 - lithe Board shall notify the Warrantor that the Operator is in default,and if the Board shall initiate any Financial Warranty forfeiture procedures required by law or regulation, the Warrantor may, in lieu of making payment to the Board of the amount due hereunder, cause the reclamation to be timely performed in accordance with all requirements of the Act and all applicable rules and regulations. In such event,when and if the reclamation has been timely performed to the satisfaction of the Board or Division, this Financial Warranty shall be released. If the reclamation shall not be so performed to the satisfaction of the Board or Division, this Financial Warranty shall remain in full force and effect. • This Financial Warranty shall be subject to forfeiture.whenever the Board determines that any one or more of the following circumstances exist: L A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has been violated,and the corrective action proposed in such Order has not been completed, although ample time to have done so has elapsed; or 2. The Operator is in default under its Performance Warranty,and such default has not been cured, although written notice and ample time to cure such default has been given; or 3. The Operator and/or the Warrantor has failed to maintain its Financial Warranty in good standing as required by die Act;or 4. The Warrantor no longer has the financial ability to carry out its obligations in accordance with the Act. The description of lands herein is for convenience of reference only,and no error in such description,nor any revision of the permitted mining area, nor die disturbance by the Operator of lands outside of the permitted mining area shall alter or diminish the obligations of die Operator and/or Warrantor hereunder, which shall extend to the reclamation of all such lands disturbed. If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted by the United States Forest Set-vice("U.S.F.S.")as the bond required under 36 C.F.R. 252.13,then the Operator, having requested that the Board and die U.S.F.S, accept this single Financial Warranty in lieu of die separate bonds which would otherwise be required by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's obligations to U.S.F.S., for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. If this Financial Warranty applies to lands under the jurisdiction of die State Board of Land Commissioners ("Land Board"),and if this Financial Warranty, in whole or in part, is accepted by the Land Board as the bond required under its applicable law and procedures, then the Operator,having requested that the State accept this Financial Warranty in lieu of the separate bonds which would otherwise be required by the Colorado Mined Land Reclamation Board or Division of Minerals and Geology and by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect until die Board is notified in writing by the Land Board that die Operator's obligations to the Land Board, for which this Warranty' is executed,have been satisfied, and until die financial warranty has been released by the Board. 11 411 or an)' part of the Affected Lands are under the jurisdiction of the Bnreau of Land Management, United States Department of the interior(the"BLM"),and if, at the request of the Operator on this Financial Warranty, the BLM has. pursuant to 43 C.F.R. 3809.1-9, accepted this Financial Warranty in lieu of requiring a separate reclamation bond payable to the United States, then, notwithstanding any other provision of this Financial Warranty,or of law,the Operator and Warrantor hereby agree that this Financial Warranty shall not be released until the Board is advised in writing by the BLM that the Operator's obligations to the BLM, for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the Board. • This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this 8th day ofA„g„sr , 2001 Pioneer General Insurance Company I'l,l- �rier gl e — (SEAL) arrantor Attorney in Fact By: I.., P 's i It Concrete Mana•ement orporatj• I Ope ator I By: RI 1. R• ky Hof's:hnei.i NOTARIZATION OF WARRANTOR'S ACKNOWLEDGEMENT STATE OF Colorado ) ) ss. COUNTY OF Denver ) 8th August 2001 The foregoing instrument was acknowledged before me this day of by. Bruce H. Lowdermilk as President of Pioneer General Insurance Co k .t tPl 1 1 n.,\ . .'s n A ,� .� ( ' SPAY NI... NOTARY PUBLIC t r'ZDI A My Commission expires: / V t�j r ; DIANE M. I BAILEY ., , .�aFc0. a. My Cammiulaa frprp MS/R 100.1 _6- NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF. Colorado ) Jefferson )99. COUNTY OF ) a'The foregoins inatnlment was acknowledged boron:me tbia day of .4d p u S 4 ,a.42/, by Ro Hoffschneider as Director of Operattpns Concrete Management :Corpore �_0.1L. p:9 (� col 3u 'q �2 NOT_ PUBLIC "1. I My Canunission expires: /0//8/.2G0/ cn,:-..AlaL1t/sO • APPROVED: • • State or Colorado Mined Laud Reclamotion Board Division of Minerals and t3cology By .�.______ Dgta: _ \d al Division Dirac 61111F.ta4 REV1St4t 01199 PIONEEk GENERAL INSURANCb COMPANY Denver, Colorado P 50100 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the PIONEER GENERAL INSURANCE COMPANY,a corporation of the State of Colorado has Its prindpal office In the City of Denver,Colorado pursuant to the following Bylaw,which was adopted by the Board of Directors of the said Company in 1990,to wit: 'Article VI•Section 2-RESIDENT OFFICERS AND ATTORNEYS-IN-FACT.The President or any Vice-President,acting with any Secretary or Assistant Secretary,shall have the authority to appoint Resident Vice-Presidents and Attorneys-In-Fact,with the power and authority to sign,execute,acknowledge and deliver on Its behalf,as Surety: My and all underteldngs of suretyship and to affix thereto the corporate seal of the corporation.The President or any Vice-President,acting with any Secretary or Assistant Secretary,shall also have the authority to remove end revoke the authority of any such appointee at any time,does hereby make,constitute and appoint ***BRUCE H. LOWDERMILK*** OF DENVER, COLORADO its true and lawful Attorney(s)-In-Fact,to make,execute,seal and deliver for and on Its behalf,as Surety: And any and all undertakings of suretyship And the execution of such bonds or undertakings In pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected officers of the Company at Its offices In Denver,Colorado,In their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the Pioneer General Insurance Company,held on June 1,1990. 'RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article VI-'Section 2 of the Company By-laws;and that any such Power,of Attorney bearing such facsimile signatures,Including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid end binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached.' All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF,PIONEER GENERAL INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 1st day of February 2000 • PIONEER GENERAL INSURANCE COMPANY /Jk%?b r^-s'r�"/ ttJgqppQ�(� 1.;A .., Secretary of State of Colorado ) ,/ %l o ti ); :\ I. ss. By PRESIDENT '4p •� County of Arapahoe ) VtiOLaflAOp On this 1st day of February 2000.before me personally came Robert H. Warburton to me known,who being by me duly sworn,did depose and say that(s)he reskles In the County of Adams,State of Colorado;that(s)he is the President of the PIONEER GENERAL INSURANCE COMPANY,the corporation described in which executed the above Instrument;that(s)he knows the seal of the said corporation;that the seal affixed to the said Instrument Is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation;that(s)he signed(his)(her)name by like order;and that By-law,Article VI-Section 2,adopted by the Board of Directors of said County,referred to in the preceding Instrument,is now in force. t\E M.Bqy O`P�OTAR..4<tt• My Commission Expires 1/18/2003 u"'-'oU x0 o Lr'- p -r 6� Notary Public n A�� m Fop co-°P M.J. Frick , Secretary of PIONEER GENERAL INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said PIONEER GENERAL INSURANCE COMPANY,which Is still in full force and effect. Signed and sealed at the City of Denver.Colorado this ' L tJ day of 44.7 , 200/, P133 / 9 Secretary • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Dep.mment of Natural Resources n i v I S I o N 0 r 1111 Sherman St., Rourn 215 MI N E R A t S Denver, Colorado 80203 --a, Phone: 003)866-3567 G F. O t. O G Y FAX: DWI 632-8106 +:c ri.+arIDN �ro nG•i+f Elf Bat Owes Cog w PERFORMANCE WARRANTY 0ch"r f u:cmn.,Duennr •""duel B lone D"ecia, • Operator: Platte Sand A Gravel L L C Operation: s >L H Mine Permit No: M_7O.0.p_158 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 gt Seq. (the"Act"), as amended,provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Plat te c?-"A a Frivol , LLC (the "Operator"), has applied for a permit to conduct a mining operation known as S&H Mine (the "Operation") on certain lands in We) d County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. - WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in welrt- County which air now or may become subject to the permit are those amounts for the staled het lutes of tuna; an act I, 1 tit in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. • Copy WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER, the Operator promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-I 12(1)(c)(iv)of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Operator has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty(or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. 3 The provisions hereof shall bind and inure to the benefit of the panics hereto and their successors -and assigns SIGNED, SEALED AND DATED this /O Gt day of d— c.c Y • zoo/ �\ .j'latte Sand & Gravel I,.1L. CASFAL) Operator By: /. -- ocky Hof s n i r Title: _pexat inns Partner NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT STATE OF Colorado ) ss. COUNTY OF derferscin ) 'fie foregoing instrument was acknowledged before me this /Q day of , z� byBucky_uoff hneidec as ailerations Partneiof Platte Sand & Gravel. I.I.C cotef*0 TA fiyAcy.99 NOTARY PUBLIC cP):/taut :'o My Commission expires: damaFe /a 200/ FO *.c Qc APPROVED: �FCOL, State of Colorado i,lined Land Reclamation Board • Division of Minerals and Geology By: Date: Division Director OS01111 aoNDPO0..'iP/atCorW FIND CODY August 17, 2001 Platte Sand and Gravel, LLC P.O. Box 180 Littleton, CO 80160 Subject: Consultation Aggregate Pit Development Near Platteville, Colorado Job No. CS-10,558 Gentlemen: In January 2000, we visited the subject site to observe the drilling of sixteen (16)exploratory holes to evaluate the thickness of the aggregates which underlay the site and to obtain samples for testing. We were also provided a copy of a report prepared by Terracon on a site immediately south of the subject site. This letter summarizes the results of conditions found in exploratory test pits and our opinion regarding the viability of the property for recovery of aggregates. SITE CONDITIONS The 1,800±acre property is mainly contained within Sections 26 and 35 T.4.N. and Section 2,T.3.N., Range 67 West.The site is about one mile west of U.S. Highway 85 between Gilcrest and Platteville. Figure 1 contains a map showing the vicinity of the site. For the most part, the site is relatively flat lying. The South Platte River meanders through the western and northern portion of the property.Wildcat Mound, a predominate hill feature, occurs in the northern portion of the property, north of the South Platte River. Figure 2 contains a section of U.S.G.S. map showing the river and Wildcat Mound. SUBSURFACE CONDITIONS During our visit, a total of sixteen (16) exploratory borings were excavated using a small commercial size casson drilling rig using 12 and 18 inch diameter bits. We logged conditions found in each test hole. Figure 2 shows the general location of test holes with Figs. 3 through 6 graphically presenting the conditions found. At most locations we encountered nil to 5 feet of silty or clayey sand and sandy clay underlain by sand, gravel and cobble. The aggregates are underlain by clay or bedrock at varying depths. In the southern portion of the site, the aggregates appear to extend to depths in excess of 35 feet. Moving northerly,the clay or bedrock appears to occur at a depth of around 25 feet and at more shallow depths in isolated places. CTL/THOMPSON, INC. CONSULTING ENGINEERS 5240 MARK DARLING BLVD. ■ COLORADO SPRINGS, COLORADO 80918 • (719)528-8300 Samples of the materials found were obtained at most boring locations at depths of 6 feet or less. Because of the drilling method, the more fine grain portion of the aggregate layer was obtained. Table A summarizes the gradation of the "in- place" materials obtained. AGGREGATE QUALITY/RESERVE Table A shows theoretical gradations for coarse and fine aggregates if the samples obtained were split on Number 4 and Number 8 screens after material larger than 1-1/2 inches in diameter is removed. If the coarse aggregate is split at the Number 4 screen, meaning there is no material smaller than a Number 4 size, the aggregate would theoretically be suitable for use as Number 57 size concrete aggregate. In order to produce fine concrete aggregate(concrete sand),the material could be split on either the Number 4 or Number 8 screens, meaning all of the material is smaller than a Number 8 or a Number 4 size. If the aggregate were split on the Number 4 screen, some blending may be required where as if the fine aggregate is split on the Number 8, it theoretically meets the requirements for fine concrete aggregate. Our scope did not include running physical property testing for quality on the aggregate. However, Terracon performed physical property testing on aggregates from a site located near the subject property. The results of Terracon's work indicates the aggregates to be of a quality suitable for use as concrete aggregate as well as base course or other structural material. Our investigation indicates the thickness of the aggregate layer to vary between 15 and 40+ feet. The drilling equipment used was capable of achieving depths between 35 and 45 feet. Work by Terracon indicates the deposit may be up to 75 feet thick and be more typically 40+ feet thick. We also understand the permit is for 1350 acres. Utilizing an average deposit thickness of 40 feet, calculations indicate the reserve may exceed 87 million cubic yards. This volume does not consider setbacks or pit slopes or wasting of undesirable layers. LIMITATIONS The conclusions presented in this letter were developed based upon conditions disclosed in exploratory borings, information contained in the Terracon report provided to us and our experience. Should you have any questions regarding CONSULTATION PLATTEVILLE,COLORADO 2 CTL/T JOB NO.CS-10,558 the contents of this letter or the project from a geotechnical point of view, please call. Very truly y r , ' CTL//T , INC. P REGIS iO;c R . U.14 910 Li 19181 Z d� .(William C. Hoffmann, Jr., P. Q'• ° �'D' ` .o •. :; Principal ._..•'"�,��';` WCH:slb (4 copies sent) 4 cc: Agpro Environmental Services CONSULTATION PLATTEVILLE,COLORADO CTLJT JOB NO.CS-10,558 3 r! i (,, / - T- A.p � I J SCP�E 2000_ P (/ ,b4 I eb' A°9 TH-I6 ---' �,q I TH-I5 ,, lei liar. I / Il � 4 TH-I4 TH-13 , TH-I0 TH-S TN-e . • . TH-II TN-4 TH TH-I2 I. • ... I • I •TH-I I— F • •I TH 2 TN-3 o. I I 1,^ -- rs �� - v an ..A: u w %% c — 1 1 v_ '' I IUT,p>Quv,$("p i[ht'14AIMIermr l'mouth\1T M0% Source Dim 1 V.• . , W IIn i 1 im\IY rX! Location of Exploratory Borings Job No. CS-10.555 Fig. 2 Depth—Feet 1 1 1 1 1 1 1 1 1 1 1 1 1111 1 1 1 1 1111 1 1 1 1 • -,-4 o tiK CT 0 to CM N N N 0 N CP 0 01 0 N 0 Z TIO Q <z N zc II ly vi op 1 IV 1I O4 . . .. . .... . .... . . .. . . .. . .... . . . . .... . .... . . .. . .... . . . . .... . .... . .... . .... :fi lit co Doi' O Ca La 0 NJ01 NJ 0 cn o EP 0 1 1 1 1 I I i I 1 1 1 1 1 1 1 1 1 i 1 I. 1 1 1 1 1 1 1 1 a Depth—Feet W TH-5 TH-6 TH-7 TH-8 7 7 7 0 - /. - ., 5 // - / 5 , /� - _ —. /, - /, - 10 • /� 10 _ • •• • /� - . ••• +F-e - • 15 •:7 15 a) /� - t I //, - a // /, ••• a - N •0ill /� .L-- 20 20 /, - 1- - 25 • 25 30 30 35 -'r �' 35 BR AT 43' BR AT 40' J Logs of Exploratory TMS CONSTRUCTION Borings FT. ST. VRAIN PIT Job No. CS-10,558 Fig. 4 Depth—Feet 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 o i U (1) W W N N 0 O N O (n O (J1 O cn Z 'i0 O GZ • z• D 351 (/) ZC )I 0 z ç t —10 col cri co co x) \ \ \ \ _ 0 Is N \ . \ . \ . \ . II -1 Z O ' r —1 O N O 01 0 N O NJ N.1 O 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Depth—Feet TH-13 TH-14 TH-15 TH-16 LEGEND: _0 •.� 7 0 — 0 Overburden, ;and silty and clay, sandy, moist, brown. Y SM, SC, CL L Sand, gravelly, brown, red—brown. (SP, SW) 5— 5 • �'ff �[�. _ © Clay and or claystone bedrock. (CL, CH) —10 • — 10 Indicates approximate level of groundwater during drilling. —15 r. 15 NOTES: m — 6 0 I — — 1j 1. Test holes were drilled January 8, 2000 using a caisson L — — $ rig with a 12 and 18 inch diameter auger. 0 0 O —20 20 O 2. All test holes caved 2 to 4 feet below the ground II surface during drilling. • '7 — 3. Depths of soils and groundwater are approximate and // — as indicated by the driller. • —25 2—• [1-) 25 — 4. These logs are subject to the interpretations and - / conclusions contained in the report. — L -, // - // —- 30 /.— 30 —- 35 35 Logs of • Exploratory Borings NS CONSTRUCTION F. ST. VRMN PIT Job No. CS-10..558 Fig. 6 n " 2. 9 a � �� Imo . "` 1 1 0ll 1 1 � a'" �: y _ F �� i I ?Ns 1 FF %' i i n F _ ETA t /4 V "� 4143 M41 SCALE: 1 2000�_ �' I L./ `i ,.: SdAks 31iens i... _ ,7-- (p Lg£2o1 _ 1 _ 1-i-\ / ( .1,..,-.[ r 3 . Irv., "� on - V -- I �� IT _ t, �l II ith / aa� a,) � I l a'aI alTi:. a + ant inlDa+ 1' ii ( ,TH-I4 'TH-13 111 gahe ,a I c F s°Y, a� I �� 11 I' Lif -1TN..8- -fix;,,- II I TH-IQ TN-® a Ii TN-a „I I e THAI � TN-12 r -� - r4 _ II II sTHI I I `II 11' TN-2 TII�3 �m ,...� fl JY � "t r,e. -F — Imo_ II I II , ir °e I I., 1 FC4 I li ';,,L- -,- a� v II 9 V C. d'k --._ '� A)TpoQode CopnigM©1999 Del,ormo 1 ormoolh\1E010➢ Source Lnt¢OSC' I-- ISORS,le I ',No D^rei11309,Nm VG fl Location of Explora i.nry Bnn1dngs Hg. 2 Jee o\owmncs\acm[az\imr\,ef)5Pa01\cuo-ossxx.owe JUL 25, 11' Average Width 0.25'-0.75', Depending on Grade - — i1 It / liey\ Ir&0und 5 ors Water Mound ////////////4/777,///////7/I/////7/ /7////////J/ /////, "'II.". Average Recharge Channel Section Sewlw: I'=6• Locking Cap 4" Dia. Steel Casing Cement 4' Dia. Pod 2' Slope Awoy From Well 1 � e 1 Ground . 0 • 2' 1 ///////////777///////////7 ////////////////////, aeamel wet., Tea, 00 0a 20' o 0 2" PVC Casing 00 i Field Slotted or Drilled2a00 o0 _Typical Monitoring Well RECHARGE CHANNEL DESIGN CONSIDERATIONS CAI.CULATION OF WETTED AREA RFGIIIRFD 1) Locate recharge channel: 0= 2600 gpm= 5.8 cfs a) Between starter gravel pit and Western Mutual IR= 0.5 ft/hr (infiltration rote) Ditch to create o protective drowdawn barrier FS= 1.5 factor of safety for IR between pit and canal and wells. WA= Trench wetted area— ft' b) As far from the starter pit as possible, to WA= OFS minimize recycling recharge water. IR c) In a relatively flat area, to minimize excavation. WA= 58x60 60x1.5 0.5 d) So that it's long enough to prevent drawdawn WA= 63,000 ft' between the pit and canals/wells. e) Where normally expected depth to ground water CAI CULATION OF WETTED CHANNEL SECTION is 5 feet or less. L= 3000' (required channel length) 2) Assume maximum flow in ditch is 2600 pm (5.8 cfe), L'= 4400' actual ll to route around _ 9 existing gas well and ditch grade varies between 0.1 and 0.2 percent. WP= L• 3) To prevent sloughing and erosion, side slopes (SS) are 1 - 54.000 9 9 4400 and maximum channel velocity of 2 fps. 3 Wpm 14.3 ft 4) Governing equations are: CALCULATION OF AVERAGE� CHANNEL SECTION y y= flow depth `1✓' 0= 1.49. A . qh.f y= 0.5 ft (overage depending on slope and roughness Where SS= 1:3; z=3 0= flow rate in cfs ch annel hannel cross section in ft' b= WP — 2y11+2. R= hydraulic radius in ft b= 14.3-2.0,5 1+3' sw grade of channel b= 11 ft (roun ,d) = Manning's coefficient (.03—.05) and: A— (b+zy)y WP= wetted perimeter of channel (ft) = b+2y 1-NR— where: 1 z=3 l no nuumIox one owe ex2 1 S&HMine I : Recharge Channel !_5021.120 Rice coes„amawelt)En ameens.INC. 84 Details,Design Considerations,and Calculations i i 11•-,„"ggey.•�(2,{;I°555_0115 +N I, DR.A.NCs\PReffC1SVD57\1W74RDol\CUE-DESIGN 050 AA 20.tall • .,...•.%,‘ t. :..f.154-0; ,,,, „ 4,:ii• pi . .�r....-./ •;TOP I i�)IIItil Ii a Ells`- m,\ti . ��{n Ems' I.na1dl�P �' ..`,,._.ii'. •:•: ::,'-',",...J.,,-' r, ,gyp '4_, it 311 ! .: T � r- ��';�:.:.,� .•Syr.� . i �aft1 tR III ..1,,, i} 1,. ;s: RATER LEVEL MONITORING PROGRAM 5 ,EO 14%sr • ii Install 3 monitoring wells S0 days or more before J+,IIlj .... ' ‘r dewatering begins, Monitor water level of existing 4 1' ! t,','. •ii; ' irrigation wells and 3 monitoring wells monthly util 1tAA""+• - (1' 1l) ` I '. '}.! ♦ ' dewatering begins, then monitor water levels weakly. a�- :Y_ 1" ", ' %l Pl.;;,'4"i91,''•,�i.',•.; ,r' ... '` \.. Sto. 44+00 3f. : p % , .I '. ';:. :I ,..' • ., I / .! End Recharge !� i, . ` ��',. •yr e,•iL;...., '!+ viii Channel � i '"Y. 1-tn. . ..-.. " : Recharge Channel r1k , : ' • rIII �'"' kwj� hoe a : ditch as required, / so that the average is „• Route any tgll trot mdel .i"..., ' . •L: `' existing lianas, ., wide)(see oil, 1 ':4\�, chorine IM .,\ rain .. ,�. \�, �•� . 15' w' (7• / �N I.`:\• .t'...:.. Lgterol ;' Pl i v. - `i `♦ '' \ ..'� T1rmn •i •lt weir 1PI,I /,I q E c,s(jn9 culvert, clean to I. Cl ' ,: .I ,--♦ restore original capacity 7\ f• o.1:. .r/, i!x 'iry -3{�♦� 'h - Existing \ Li Approxi;note loco ion j i;' Irrigation of 1 acre'earter•.'fit ,I;~ fi•• well to be '� - `L•:;4. - '+ monitored i Note: This mop modified °k':-!.....'''''':••- _`,.„ �� ;:I .j ;-(i(typical) by Leonard Ric ..K'`.;`` , • .,.,. ♦ r .: .i '�... I �9'' Rice Engineers, .:.,: . I:tl' .,,y. Inc., July 20, 2001 to ♦ . ' :•'"'�''..' <Il:''r•�yi. ♦cam..•.1 s' show layout of Recharge g .. , • sgE 4' r ,; Channel and Monitoring Wells. `~" \ b ' , , '-e• , `\ See also Details, Design I oa, �1�; � + Considerations, and Colculotions lM i« A • f, t I'A i'tl�j Sheet. `i••.`PA' "4• ...,2n. IA, I 11: 77 S. ',�. II . �, .9 13 ♦ . ,•.•.,`,• ,A • \ • AS 1, i f i 'i } a, sin "r .,•. .S. �� .. • i' ��' • asR is• ',' '', ..: . 1 Std On0el ; S '•� 'Rechorgs ChonAel ; ✓ t'Ik. ,' +... :' • 4' Monitoring Wen .U., .,;t..,• .: .eyt v" �';_V+;Si• to be added LEGEND Ai.• 1'+ x �':I;( g. ' i (typicol 1 of 3) .•:.♦♦ AFFECTED LANDS/rrRNli AREA •R '�1•' `•, �' r`:, :x T'u .C+,� ::� i:'� 200 TOO,LINE • .''0( i • Y \'♦`l�t . ROADS .'\'' '• 'i t..'`,-'i owl /COx VuNICATIONS LILAC0 ..i.•.i�.. ' • �.� `E\` ,+� }x�.`'� FENCE it ,� "'"..> .. 1 y AA.111,. !, • RAIL ROAD TRACKS li { 1 `e , ! 551511D SANTINE DITCH if))j t .'••... a .... ... .. •-•.. , +,,„,..,,,•-•%`..`, 1/. . + IRRIGATION OVERFLOW DITCH 3 � ,. 0�''. ♦ \ .�•_f ,+7i(1 •mot,-"- • 1 �_ RIVCP lL 1..... .... .... /CARE -.R, �IApm.... / ,:„..-4.„„,...,-, p Aox :i; t .. .. — 9YILDa03 I• I OIL/DAs WILL -- .. E�. : �.- N,..' .1...,,,4..E OIL FIELD TANKS a Exuma i��+' [ r + + a a 1 s. +y+A +J EXERTION AREAS i•. ;,t t I t:-:'..T..'. No. DCOCRRnON OATH OWN cid\ I S&H Mine Recharge Channel Leow�no RICE conaExr,NowATea3enars�saINC. R Y � 7ax Sv.Fl s h.!00 O ---- - - Site Plan 431 519 aoa,+ / 13031 433-R5ai•FAY 13031 455-3113 jH-13 TH-14 TH-15 TH-16 LEGEND: Overburden, sand silty and cloy, sandy, moist, brown. 7 7 7 (SM, SC, CL) - 5 .. :. 5 0 Sand, gravelly, brown, red-brown. (SP, SW) © Clay and or claystone bedrock. (CL, CH) 10 • la _ Indicates approximate level of groundwater during drilling. - 15 15 w — _ i NOTES: — u. i 1. Test holes were drilled January 8, 2000 using a caisson .c — — = rig with a 12 and 18 inch diameter auger. n m —— 0 20 20 2. All test holes caved 2 to 4 feet below the ground surface during drilling. — — 3. Depths of soils and groundwater are approximate and — // " — as indicated by the driller. — / ' 25 t "7 25 4. These logs are subject to the interpretations and — / _ conclusions contained in the report. — // — — // — 30 r_ 30 35 35 Logs of Exploratory Borings TM5 CONSTRUCTION FT. ST. VRAIN PIT Job Na. CS-10.,558 Fig. 6 Table A Summary of Gradation Analysis Inpiace and Theoretical Point & Depth 1 at 6'- 2 at 6'- 4 at 4' 4 at 6'- 5 at 4'- 10 at 6`- 12 at 6' +13 to 6' 15 at 6'- Average Inplace Gradation -- 3" 100 100 1 1/2" 98 100 100 100 100 1" 100 100 94 94 99 94 98 3/4" 100 97 96 100 86 90; 95 88 100 94 1/2" 98 92 91 94 80 85 90 83 99 89 3/8" 94 88 89 92 76 80 86 79 98 86 #4 74 75 84 82 64 66 71 66 91 75 8 52 53 64 54 46 45 50 45 68 53 16 28 34 40 31 30 27 30 29 34 32 30 15 18 24 18 16 15 17 17 11 17 50 9 7 12 8 7 5 7 6 4 7 100 5 2.6 2.2 2.6 2.6 1.3 1.9 1.7 1.3 2' 200 4 0.5 0.6 0.4 0.5 0.1 0.5 0.2 0.2 0.4' 1 Theoretical _ - _ Split ASTM Standards Course Aggregate On #8 #57 #67 1 1/2" 100 1.00 100 100 100 100 100_ 1" 100 100 88 82 97 82 92 96 95-100 100 3/4" 100 88 75 100 65 _ 70 83 65 100 76 87 V 90-100 1/2" �- 92 68 43 67 47 56 66 50 89 56 77 25-60 3/8" 77 52 31 56 35, 41 52 38 78 44 70 20-55 #4 0 0 0 0 0' 0 0 0 0 0 47 0-10 0-10 8 0 - Theoretical Fine Aggregate.. I - —. 318" - _ J— 100 #4 100 100 100 100 100 100 100 100 100 100 100 95-100 8 70 71 __ 76 _ 66 71 68 70 68 75 71 100 16 38 45 4 38 47 41 42 43 38 43 60 45-80 30 _ 20 24 28 22 26 23 24- 25 12 23 32 50 12 10 14 10 11 7 - 10 9 4 9 13 10-30 100 7 3 2.6 3 4 2 2.7 2.6 1.4 3 4 2-10 200 5 0.7 0.7 0.5 0.7 0.7 0.7 0.4 0.2 0.5 0.8 0-3 FM I _ _ 3.51 2.91 2.5-3.5 Job No- CS-10,558 t r0.)T ,#.`, . lr, r. i. 'J7 AGREEMENT THIS AGREEMENT, made this (0 day of June, 2001 between Platte Sand & Gravel LLC hereinafter referred to as "Platte" whose legal address is 15430 Copperfield Dr., Colorado Springs, CO 80921 and the Western Mutual Ditch Company, a Colorado corporation hereinafter referred to as "Western" whose legal address is 21454 WCR 33, LaSalle, CO 80645 and Thomas Sharkey hereinafter referred to as"Sharkey" whose legal address is the same as Platte's. WITNESSETH: WHEREAS, Platte proposes to mine sand and gravel in parts of Sections 23, 26, 34 and 35, Township 4 North, Range 67 West of 6th P.M., in Weld County Colorado hereinafter the "property," and has filed a permit application No. M-2000-158 with the Division of Minerals and Geology, State of Colorado and an application for a special use permit, USR 1306, with the Weld County Department of Planning Services, Weld County, Colorado; and WHEREAS,Western owns and operates the Western Mutual Ditch which has its headgate on the north bank of the South Platte River in Section 11, Township 3 North, Range 67 West of the 6th P.M., in Weld County, Colorado, and which ditch borders the west and south edges of the area of the property to be mined; and WHEREAS, Sharkey owns certain ditch rights in Western and also owns certain well rights on the property described above; and WHEREAS, Western has filed an objection to the special use permit, USR 1306; and WHEREAS, the parties wish to enter into an Agreement to address the concerns of Western; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Before March 1, 2002 Platte agrees to install two measuring weirs and clocks in the Western Ditch at Platte's sole cost and expense. The first, or"upstream" weir will be located at approximately the point labeled "A" on the map attached hereto as Exhibit "A". The second, or downstream weir will be located at approximately the point marked as "B" on Exhibit"A." These weirs will allow measurement of losses for a portion of the Ditch located on the subject property, but not for the entire length of the Ditch as it exists on the property. A portion of the Ditch on the Platte F:\KIM\WESTERN.MUT\Platte Sand'agreement 010626.wpd property, upstream of the upstream weir(hereinafter the"unmeasured section"),will not be subject to measurement through the use of the weirs. Platte shall own, operate and maintain the weirs and clocks. Western's officers or agents shall always have free access to be able to check the weirs and clocks. Any information collected by a party from the weirs and clocks shall be preserved for at least 5 years from the time of collection, and shall be made readily available to the other party upon request. 2. It is agreed that if Platte, at any time during the course of dewatering for its gravel mining operations, causes Western to lose any water from its ditch, any such loss shall immediately be made up either by Sharkey's Western shares, property wells, or any other method. For the purposes of this Agreement, "loss" shall be defined exclusively as the difference between the flow readings at the upstream weir and clock and the downstream weir and clock, less agreed upon amounts for seepage, evaporative loss, plus the pro rated loss of the "unmeasured section" of the Ditch, as described below. A. Evaporative loss shall be calculated using the standard method based upon the estimated surface area of the ditch as it exists between the weirs. Platte's engineer shall prepare the calculation, and Western's shall review. Platte shall pay the reasonable costs of Western engineer's review. Evaporative amounts shall be agreed upon and fixed by the parties, after the engineering review has been completed. B. Seepage loss shall calculated at 30%, until such time as the parties by mutual agreement fix a different percentage. Platte will measure the seepage loss between the weirs for a total of five years, taking measurements only during those times when no de-watering is occurring. Once this data is collected, Platte will calculate the average seepage loss over the five years, and submit such analysis to Western for review. Western's engineer shall review Platte's conclusions, and the parties shall agree upon a percentage to represent average seepage loss thereafter. C. Platte shall compensate Western for the loss to the unmeasured section due to de-watering based upon a pro-rated application of the loss rate calculated for the measured section during any given time period. The total losses due to de-watering for the measured section of the ditch shall be divided by the length of measured section in feet, to obtain a volumetric amount per foot of ditch. Losses for the unmeasured section of the Ditch shall be the product of the losses per foot on the measured section and the length of the unmeasured section in feet. F:\KIM\WESTERN.MUT\Platte Sand\agreement 010626.wpd 2 3. Platte also agrees that in the event Platte's activities on the property, including but not limited to mining of the property or de-watering, cause damage to Western's ditch, Platte will pay the cost of any repairs to the ditch. 4. Platte agrees that there will be no mining within 160 feet of the center line of the Western Mutual Ditch. To prevent damage to the Western Ditch and ditch road, Platte shall not allow any equipment to go upon the Western Ditch road or easement without advance approval from Western. 5. Platte desires to cross the Western Mutual Ditch in three locations. Western agrees to such crossings, subject to the terms and conditions of Western's standard crossing agreement, and provided that Western personnel shall have perpetual access across such bridges when installed. In lieu of the normal ditch-crossing fee, engineering fees, and legal fees imposed by Western in its standard crossing agreement, Platte agrees to grant Western easements for access to and maintenance of the Western Mutual Ditch, the Brownwood Spillway, and the Scottdale Ranch Diversion Ditch. Platte agrees to execute the Easement Agreement attached hereto as Exhibit "B" immediately upon the execution of this Agreement, and to execute Crossing agreements for the agreed upon 3 crossings in the form of the sample agreement attached hereto as Exhibit "C." 6. Western agrees that upon the execution of this Agreement, it shall have no further objection to the permit application, USR 13016 and it shall withdraw its party status in Case No. M-2000-158. Western reserves the right to appear as a party in any proposed revision to the 112 permit, and to make such arguments as are necessary to protect the interests of the shareholders, notwithstanding any of the provisions of this agreement. 7. This document represents the complete Agreement of the parties hereto and no oral modification shall be recognized. Any amendments or additions shall be made in writing and signed by the parties. If a dispute arises between the parties to the Agreement, the prevailing party shall be awarded attorney's fees in addition to any other award or judgment. 8. This Agreement is binding upon the successors, assigns and legally appointed representatives of the parties. F:\KIM\WESTERN.MUT\Platte Sand\agreement 010626.wpd 3 DATED the date and year first written above. PLATTE SAND &GRAVEL, LLC WESTERN MUTUAL DITCH COMPANY By: /71-a By: Its Manager Frank Eckhardt, Jr., Its Presidert F:1KIMIWESTERN MUT\PIatte SancPagreement 010626.wpd 4 ___________ DATED the date and year first written above. PLATTE SAND & GRAVEL, LLC WESTERN MUTUAL DITCH COMPANY By: By: 414%.1.2 IO Its Manager Frank Eckhardt, Jr., Its Preside t F:\KIM\WESTERN.MUT\Platte Sand\agreement 010626.wpd 4 ,ate r i . , � H I 4gjT �. te • \ J'" I ti A( 10 S.... / PRS nP_ t.^ r i in n11 f 13ro�ala cx)G� Qh ail er f.V Mls L 1/2r IRCRNn WWII LOUR//m,w ck (� 5 .'+A C-t- s ro,w Chr) twL 11601 •v rr .M_rr � ) ._r▪ e1 nu urn. � � .: ��'� ,4T°1�_..�r.. � .: Iit' ....Leer . .... th it, ai r; I ?LA 17d AMU d GNAPAL. L.C.C.LC l 1I __ _. _ S Jr !! MINE RECLAMATION PLAN MAP ,. . . CTi�:�•t �1in>'r• r..1s1m.rn.(..wercer,"Tm A...1 s_ssriw.rwrnr w.(s.. e„1 .n za4,I i�1. ry+s�i s4s(4s art II(.. A 41wr.rrra •O.— tole .iff0 ,fl, 2Stnjoa sit rn. _.e ��r INF PAGE S or S (N.nlo) I 20J WJba:F. TOOL QZ'LnL GGGL Eat- £0£ : 'ON DHOI kJ 'ONI 1lH:WNOJ InN] : wo.)J [Kl-{ ( 6 (I " s EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this 26 day of ,2001, between Thomas M. Sharkey, whose address is 15430 Copperfield Dr., Colorado Springs, CO 80921, hereinafter referred to as "Grantor," and theWestern Mutual Ditch Company, a Colorado corporation,whose legal address is 21454 WCR 33, LaSalle, CO 80645, hereinafter referred to as the "Grantee." WITNESSETH WHEREAS, Grantor is the owner of lands in Sections 1 and 2, Township 3 North, Range 67 West of the 6th P.M. and in Sections 25, 26 and 35, Township 4 North, Range 67 West of the 6th P.M., as more fully set forth on Exhibit "A," attached hereto; and WHEREAS, Grantee owns and operates the Western Mutual Ditch, the Brownwood Spillway, and the Scottdale Ranch Diversion Ditch, all of which are located, at least in part, upon Grantor's property; WHEREAS, Grantee enjoys the right to operate, maintain, repair and replace the Western Mutual Ditch, the Brownwood Spillway, and the Scottdale Ranch Diversion Ditch, but would benefit from additional space in which to perform needed activities in proximity to these structures; WHEREAS, Grantor is willing to grant Grantee easements for access to, operation, maintenance, repair and replacement of the Western Mutual Ditch, the Brownwood Spillway, and the Scottdale Ranch Diversion Ditch; NOW, THEREFORE, in consideration of the premises and mutual promises contained herein, the parties agree as follows: 1. Grantor grants unto Grantee an easement west of the Western Mutual Ditch for the purpose of access to, operation, maintenance repair and replacement of said structure. The easement shall be defined as follows: Commencing at a point 50 feet West of the Northernmost point that the Western Mutual Ditch exits Grantor's property, thence generally South along a line parallel to and 50 feet West of the existing West bank of the Western Mutual Ditch through parts of Sections 26 and 35, Township 4 North, Range 67 West and parts of Sections 1 and 2, Township 3 North, Range 67 West, to a point 50 West of the Southernmost point that the Western Mutual Ditch enters Grantor's property. F:\KIM\WESTERN.MUT\Platte Sand\Easement Agreement 010626.wpd 1 Commencing at headgate of the Brownwood Spillway on the Western Mutual Ditch, thence generally West along and 50 feet on either side of said spillway to the Spillway's terminus at the South Platte River. 3. Grantor grants unto Grantee an easement for access to, operation, maintenance, repair and replacement of the Scottdale Ranch Diversion Ditch. The location and extent of said easement shall be described as follows: Commencing at headgate of the Scottdale Ranch Diversion Ditch on the Western Mutual Ditch, thence generally West along and 50 feet on either side of said Ditch to the Ditch's terminus at the South Platte River. 4. The easements herein granted shall be non-exclusive, but neither grantor nor his heirs, successors, and assigns shall in any way hinder Grantee's ability to access, operate, maintain, repair and/or replace the Western Mutual Ditch, the Brownwood Spillway and the Scottdale Ranch Diversion Ditch. 5. The easements granted herein are intended to be supplemental to Grantee's existing rights to access, operate, maintain, repair and replace the Western Mutual Ditch, the Brownwood Spillway and the Scottdale Ranch Diversion Ditch. This agreement is not intended to determine or alter the nature and extent of Grantee's pre-existing rights. 6. These Easements shall run with the land, and shall be binding upon Grantor's heirs, successors, and assigns. 7. These Easements granted herein shall be of perpetual duration unless terminated in writing by the parties. DATED the date and year first written above. Grantor: Thomas M. Sharkey Grantee: WESTERN� y MUTUAL p DITCH COMPANY By:VAar.d9 F:\KIM\WESTERN.MUT\Platte Sand\Easement Agreement 010626.wpd 2 Commencing at headgate of the Brownwood Spillway on the Western Mutual Ditch, thence generally West along and 50 feet on either side of said spillway to the Spillway's terminus at the South Platte River. 3. Grantor grants unto Grantee an easement for access to, operation, maintenance, repair and replacement of the Scottdale Ranch Diversion Ditch. The location and extent of said easement shall be described as follows: Commencing at headgate of the Scottdale Ranch Diversion Ditch on the Western Mutual Ditch, thence generally West along and 50 feet on either side of said Ditch to the Ditch's terminus at the South Platte River. 4. The easements herein granted shall be non-exclusive, but neither grantor ror his heirs, successors, and assigns shall in any way hinder Grantee's ability to access, operate, maintain, repair and/or replace the Western Mutual Ditch,the Brownvood Spillway and the Scottdale Ranch Diversion Ditch. 5. The easements granted herein are intended to be supplemental to Grantee's existing rights to access,operate, maintain, repair and replace the Western M.dual Ditch, the Brownwood Spillway and the Scottdale Ranch Diversion Ditch. This agreement is not intended to determine or after the nature and extent of Grantee's pre-existing rights. 6. These Easements shall run with the land,and shall be binding upon Grantor's heirs, successors, and assigns. 7. These Easements granted herein shall be of perpetual duration unless terminated in writing by the parties. DATED the date and year first written above. Grantor: Thomas M. Sharkey Grantee: WESTERN MUTUAL DITCH COMPANY By: 2 F:\KIM\WESTEPN.MVT\Platte Sand\Easement Agreement 010626.wpd . .............— .','. r Tel/07/Oil Frank Eckhardt, President Attest: Ae Secretary STATE OF COLORADO ) ) ss. COUNTY OF WELD Subscribed and sworn to before me this _day of , 2001, by Thomas M. Sharkey. WITNESS my hand and official seal. My commission expires: Notary Public F:\KIM\WESTERN.MUT\Platte Sand\Easement Agreement 010626.wpd 3 WESTERN MUTUAL DITCH COMPANY By: Frank Eckhardt, President Attest: Secretary STATE OF COLORADO ) ) ss. COUNTY OF WELD Subscribed and sworn to before me this o1.`ttl day of J u c,it__ ,20D' , by Thomas M. Sharkey. WITNESS my hand and official seal. My commission expires: (b—O1/44 — O Not ry Public F:\KIMIWESTERN.MUT1PIatte Sand\Easement Agreement 010626.wpd 3 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Subscribed and sworn to before me this icy day of ;Attic. \ , 2001, by Frank Eckhardt, Jr. as President and ,. , as Secretary of th€Western Mutual Ditch Company. WITNESS my hand and official seal. • ,C o . • My commission expires: .. . . 0\ -r •J r F�^ 1 VY t A A G C \ key-c) Notary Public 4 F:\KIM\W ESTERN.MU71PIatte Sand\Easement Agreement 010626.wpd j cVic ct3ii t\C " CROSSING AGREEMENT THIS EASEMENT AGREEMENT made and entered into this day of , 2001, by and between Western Mutual Ditch Company, hereinafter Western, and Platte Sand and Gravel, LLC, hereinafter Grantee. WITNESSETH: WHEREAS, Western is the owner of that certain irrigation ditch system known as the Western Mutual Ditch located in Weld County, Colorado; and WHEREAS, Grantee desires to construct a crossing across the ditch near the intersection of County Roads 23 and 36 as shown on the drawings marked Exhibit A hereto attached and by this reference made a part hereof. Said Exhibit A consists of sheets; and WHEREAS, Western is willing to grant the easement desired by Grantee. NOW, THEREFORE, in consideration of the agreements of Grantee to be performed hereunder and upon the conditions and for the period herein stated, Western does grant to Grantee, its successors and assigns, an easement to construct, install, lay, maintain, alter, repair, operate and remove a crossing across the ditch at the specific locations and in the manner designated and referred to in the applicable sheet of Exhibit A. Grantee agrees not to commence construction or repair of said crossing without first presenting plans for said crossing and obtaining the approval thereof by the Board of Directors of Western . It is understood that this instrument shall grant to Grantee only such rights as Western may grant. In repairing, maintaining or removing said crossing Grantee shall do so in such manner as not to damage said ditch or the embankments thereof and so as not to interfere with the flow of water in said ditch. Any and all excavations made shall be immediately leveled off, and any damage to the ditch shall be repaired at the expense of Grantee. Grantee agrees that it will at all times maintain said crossing and repair all breaks, leaks and damages therein and thereto at its own expense and further that, if, by reason of any break, leak or damage in and to the crossing, injury to the property of Western is sustained, then Grantee will, with all due diligence, repair and replace such property of Western in the same condition as the same was in prior to such break, leak or damage in and to the said crossing and will pay for any and all damages resulting from such break, leak or damage sustained or incurred by Western or its stockholders or water users. F:\KIM\WESTERN.MUT\Platte Sand\Crossing Agreement Ditch 010622.wpd 1 Grantee further agrees that, if at any time the crossing causes any settling in the ditch embankments, the roads thereon, or any part of the ditch, it will, upon notification from Western , immediately make all repairs required by Western at Grantee's expense. Grantee further agrees to indemnify and hold harmless Western , its successors, assigns, employees, agents and stockholders on account of any damage or loss sustained by them or any of them arising by reason of laying, construction, maintenance or removal of said crossing. If, in the future, Western should desire to enlarge, deepen or otherwise change or relocate said ditch or to construct any other canal, ditch or waterway on said ditch or to do any other thing incident to the operation of said ditch or any other portion of the irrigation system of Western , then Grantee agrees, at Grantee's expense, with all due diligence, to change, relay and reconstruct its crossing as to comply with such plans and specifications as Western may prescribe as being necessary to permit the proper maintenance and operation of Western 's irrigation system. Grantee agrees to protect Western and hold it harmless from any and all third party claims and damages that said crossing and its operation, construction, maintenance and removal may directly or indirectly cause; and Grantee hereby releases Western , its successors, assigns, employees, agents and stockholders from any and all claims and damages of whatsoever character to said crossing or other property of Grantee located in, along or across said ditch arising out of either the operation or maintenance of said ditch or other portions of Western 's irrigation system or resulting from any other act either on the part of Western or on the part of any Third Party. The rights of way herein granted to Grantee shall continue so long and only so long as Grantee, its successors and assigns, shall faithfully and promptly comply with the provisions herein stated. Grantee has granted Western an easement in lieu of cash payment for this crossing agreement. It is mutually understood and agreed that this Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors and assigns, and shall be recorded in the office of the Weld County Clerk and Recorder. F:\KIM\WESTERN.MUT\Platte Sand\Crossing Agreement Ditch 010622.wpd 2 DU 26 hi I ] ___ TaSiUsaoi . . . • , • Executed the day and year first written above. AT i'EST: WESTERN MUTUAL DITCH COMPANY By Secretary Frank Eckhardt Jr., President PLATTE SAND AND GRAVEL, LLC STATE OF COLORADO ) ss. COI.NTY OF WELD The foregoing instrument was acknowledged before me this _ day of _._ , 2001, by Frank Eckhardt Jr. as President of the Western Mutual Ditch Company. WITNESS my hand and official seal. My Commission Expires: Notary Public F:UCIM,VESTERN.MUT1Platte Sand\Crossing Agreement Ditch 010622.wpd 3 Executed the day and year first written above. ATTEST: WESTERN MUTUAL DITCH COMPANY �.. y", Secretary Frank Eckhardt Jr., President PLATTE SAND AND GRAVEL, LLC By STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this talk day of (4,4,, , 2001, by Frank Eckhardt Jr. as President of the Western Mutual Ditch • � mpaYly::• c WITNESS my hand and official seal. My' Commission Expires: ,9A-cb- -C:I OtThiNotaryy Public F:\KIM\WESTERN.MUT\Platte Sand\Crossing Agreement Ditch 010622.wpd 3 STPTE OF COLORADO ) ) ss. COl11VTY OF opt tal ) The foregoing instrument was ackn wledged before me this 2Lt�`day of NL_ 2001, by evna c /.1- f ,s vvi,,,,a$,,.r o'}- lF�.4 WITNESS my hand and official seal. My Commission Expires: 1-' —04— O t Not ry Public F:UOM'INESTERN.MUT\Plette Sand\Crossing Agreement Ditch 010622.wpd 4 STATE OF COLORADO ) ) ss. COUNTY OF - . > ,`-\ ) The foregoing instrument was acknowledged before me this ro'<- day of , 2001, by- _lrc. `v lfias � c „ r WITNESS my hand and official seal. My Commission Expires: Notary Public F:\KIM\WESTERN.MUT\Platte Sand\Crossing Agreement Ditch 010622.wpd 4 Xcel EnergysM Greeley Operations PUBLIC SERVICE COMPANY 15006th Avenue Greeley,Colorado 80631 August 14, 2001 RE: Platte Sand & Gravel, LLC A license agreement has been prepared for the Platte Sand & Gravel request to cross under Public Service Company of Colorado 44kV lines in three places. These crossing are located in Section 2, Township 3 North, Range 67 West and Sections 26 and 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Public Service Company is currently signing the agreement which Platte Sand & Gravel has previously signed and agreed to. If there are any questions regarding the License Agreement between Public Service Company and Platte Sand & Gravel, please call me at (970) 395- 1229. Sincerely, 61") ougla . Dalton roject Land Rights Agent A4-d: f4-7 AGREEMENT THIS AGREEMENT is entered into this 27th day of June, 2001 between Platte Sand & Gravel, LLC (Platte) (Applicant), Dr. Michael Ptasnik (Ptasnik), and Michael Decker (Decker). WHEREAS, Platte has filed an application for a 112 Permit Application, and Ptasnik has objected to the issuance of the permit; and WHEREAS, the parties wish to resolve their dispute regarding the potential impact of the Applicant's dewatering activity; NOW,THEREFORE, for the mutual promises herein and other valuable consideration, the parties agree as follows: 1. Applicant shall install recharge trenches (referred to in the Board's permit condition as"recharge structures") between any point of dewatering and any wells located on adjacent properties. Prior to July 16, 2001, Applicant shall prepare and submit plans for said trenches, and Ptasnik shall have the opportunity to review and approve said plans by July 23, 2001, prior to any dewatering. Said approval shall not be unreasonably withheld. 2. The Applicant agrees to make Ptasnik whole in the event Applicant's dewatering activity injures any of Ptasnik's irrigation wells. Applicant agrees to make Decker whole in the event that Applicant's dewatering activities injure Decker Well No. 3. Applicant shall not dewater more than 1 (one) 1 (one) acre pit on the entire permit site at any given time. 4. Ptasnik withdraws all objection to the issuance of the 112 permit as currently proposed, and agrees not to raise any groundwater issues in the context of the Weld County USR application. Ptasnik reserves the right to make objections at the county level on issues other than dewatering, and reserves the right to object to any application for an amendment to the 112 Permit Application involving increased dewatering. 5. In the event of a disagreement over the proposed trench plan, Ptasnik and Applicant shall agree upon a third party engineer to mediate the dispute and determine what plan, if any, will protect neighboring wells. The mediator's decision shall be final with regard to the plan. The mediator shall make a decision no later than July 31, 2001. F:\KIM\Ptasnik,Michael'agreement 010628.wpd 1 6. Ptasnik shall provide baseline within 14 calendar days with regard to the current production capacity of his wells to Platte. Applicant shall have the right to enter said wells with appropriate notice and measuring devices to confirm the baseline information. 7. All signatories hereto represent that they have the authority to bind the parties hereto. PLATTE SAND & GRAVEL, LLC By: Its Michael Ptasnik Michael Decker F:\KIM\Ptasnik,Michaefagreement 010626.wpd 2 -4 f J r� 1� c e KL(.12e11/C r (O/ ' �S4.62'c/ ,s ( ;« t.t > (' 1.C_(`'- (7/'(O -- (4p(t ;..; Chi, a/ P- ii,Lbet4e r7-7)-/CJ(-<24- Cr.3�� (4 � / � > � f / �/ (,(/�7L,---,_52,41 / (4 (7/ ✓. (c/ (Lit`+l L;(Gt't,4 Y ( / ( C1 rte — /1 7 e y-ou/ z ! , c„..,(_,,,‘„,,, !L C.f V ,-- i� Yys ( J.f 6'‘,77..?‘," (L f �� i t !'SSc(e'e,z,(', a 1 ( • _ ! a C';/ (C c l Z� 4' -- L L<i_t C� /l.'� LPL'; �`C r ,t. ';� U� ((,/ L{ (-yr -'C-i ,( A,„ 7 C-.. / ,_ (:` I .-C-4(-1-c----c-?,52.`��e' (�C U It /? ? ;;-1 ;, 7��1 !1 6'P C / ekv _elT �4,2 ‘.-,</e--(21. v (� �(-"/-_7 r.�e , • �( r cA C.-CL ( �..i�t�_' e .,- ,A A ,/{' , ' ' / 1 7 / y / G6 1 % f L ^C a / y J / ;� / ! z, (1i;G f <-It"-%l / / _tea, •, , /// • / 6/,* 7/ �I L`,ej oLcj- di- 7'7-_ ,_,I7 1-{1,{'l�,� f CS> ��` �f'Y `i \ l.l.�� ( `3 y.{_l/(I y�t-C, 1 , �ku:Lc {LG)1� /eL C9,'` ' GIG"CZ • / ('6,--e-(77 i C G' `C ) G'. (.e 442, ( I j 17 >- 7 ?f 3 ( / °.L l H-75 Sti a.{.,CC i c;` '..-M, {' lr_- /i .lv/-GC-J r ---5C..� "�C ,—"?t/ '�y.,:p{•'1 c-;cit 41.2( o" (icy:‘72-X..-) ,' I,L(2 -,74:-; r (-Zd ! 6 L&7 (C:^ G2i(Q U l L C< ,"� ;! ii '' ( r (v-tt?:4 /Cie (y)( ((- :<< / r_ 17 I ((''...r ,>(/(' `_,- 4'.t Li. / �l'2- Cp C - ld;:G ./::=-77- G'i.CJr` r, Cge`.c; Ct f < 5j I ...,1: 1 rf'- L.,�...✓'_ � m'7' ! , - (_7.. :�%-' �4., ( f 1111✓ I' f. rr 7 {7Ttft / + '(/ 1 ' r :.1 L.'?(,%,_ IC.r.(C 'y f / v— 1 / r may/ _ / / " ;7 , ✓tea-_ 7/Lo ✓'r r i-4/�7 a /5 C c br��G'?&24�� 7' I.t`�1,/.. if.r"-- �eL.) &'t;•_% f'C?, S- q/ /' � 7)-f / (61/6� / i�4 / a at b- ( Ge-tc2.6,,_ • -c ,, Vii/ C'✓ ii.- -CG'S" e 17ee),1, '-77Z-C, /Kai d•c f<' Thy,, 1 n h ' C f I /7( >i CZ.6 Z/ , C ',l �U ,, -� = LL%< -fit; Ic/ ( l 7/ , .e f ter, (7 r ' '(emu , ,--7--) . ; k:✓- 1 e,t i “., l{ CAL ( / (--x-,--0_4'.;,,,, r7 •F. r.^vJtrkL l,„, cyi,c -L t.:7 .y / ,1 a/ ,'✓-c4 lC v g n -ti (/ y,/ irk}� dI.7 C-s-C' L re2-€7./ pi,V7; 1.11 /: (4/,, C < .,,, :.". 6,-_,,, hr. 7 i:- _ , r! .l'� Cy-}v- t( y.. / ` '. 3 Lc r/-f":.% ice, .r.' -' ✓--1" /( / !-C - 1, - IA- .a r).„ g. i<,l.�' �/ r (f)LC -�'Ag...t..�_ �.tt-U-w- lt�.e_ 4_,:jn U c.*,L c,... Scz..r� °Li�ilg cv N-k --c,s ,ti ;L' /r // l r di) GREGG TEN EYCK LESLIE BOTHAM JON FORD LEONARD RICE ENGINEERS, INC. AJ. ZAB IAHJR GREG RO 2000 CLAY STREET, SUITE 300 DENVER,COLORADO 80211-5119 KEVIN O'CONNELL (303)455-9589♦(800)453-9589♦FAX(303)455-0115 ERIN WILSON July 27, 2001 Mr. Forrest Leaf Leaf Engineering 13946 CR 56 Hillrose, CO 80733 RE: Final Design Submittal, S & H Mine Recharge Channel Dear Forrest: Thank you for your prompt review of our conceptual design of the S & H Mine recharge channel. Based upon your comments,we have revised our plans. We are transmitting with this letter 1 set of 2 sheets that make up the final design. We ask that you review the plans,and if acceptable,provide us with a letter stating your approval. We have shortened the length of the channel so that it has an equivalent north-south length of about 3000 feet as you suggested. The actual length must be longer to avoid crossing a shallow gas line. The effect with the extra length is to increase the wetted recharge area. Thus,the trench can have an average bottom width of 11 feet. This is somewhat less than your suggested 14 feet. If you have any questions please call our office. Very truly yours, LEON CE E EERS,INC. on R. Ford, P.E. Vice President JRF/jam 1057SDR01 cc: Thomas Heron D:\Documents\1057sdr0l\LetterLeaf JRF-7-27-01.doc Al PROFESSIONAL PLANNING, PERMITTING, MANAGEMENT AND DEVELOPMENT SERVICES FOR LAND AND WATER • , ACEC J. J.\DuvmtNexdrns\105,\I 05'suWi WA-DESIGN.Ost JUL 15.H. I1' Average Width 0.25'-0]5', Depending on Grade j _11 P /a or les \ /-Ground Water Mound :///g/////��7//I///I//////,(4O2 ((////)//////7//////////I/////////////://,//g. o,klInIDwem Average Recharge Channel Section Scale t•=s' Locking Cap 4" Dia. Steel Casing I Cement 4' Dia. Pod 2' Slope Away From Well > , Ground D � 2' /////////////////////7 i ///////////7 O9tratrr oad 00 00 20' go ciR 2" PVC Casing Field Slotted or Drilled Typical Monitoring Well N.Ts. RECHARGE CHANNEL DESIGN CONSIDERATIONS CAI CULATION OF WETTED ARFA REQUIRED 1) Locate recharge channel: 0= 2600 gpm= 5.8 cfs a) Between stoner grovel pit and Western Mutual IR- 0.5 It/hr (infiltration rote) Ditch to create o protective drawdown barrier FS= 1.5 factor of safety for IR between pit and canal and wells. WA- Trench wetted area- ft. b) As for from the starter pit as possible, to WA= DES minimize recycling recharge water. IR c) In a relatively flat area, to minimize excavation. WA= 5Bx6.560x 1.@ 0.5 d) So that it's long enough to prevent drawdown WA- 63,000 ft' between the pit and canals/wells. e) Where normally expected depth to ground water CALCULATION OF WETTED CHANNEL SECTION is 5 feet or less. To 3000' (required channel length) C= 4400' actual 2) Assume maximum flow in ditch is 2600 gpm (5.8 cfs). and ditch grade varies between 0.1 and 0.2 percent. WP= ling gas well to route around A30 000 3) To prevent sloughing and erasion, side slopes (SS) are 1 54400 and maximum channel velocity of 2 fps. 3 WP= 14.3 It 4) Governing equations are GAL CUI ATION OF AVERAGE CHANNEL SECTION y= flow depth 0= 1.49 A Ry' f t' y= 0.5 ft (average depending an slope one roughness Where SS= 1:3; z=3 0= flaw rate in cfs A- channel cross section in it b= WP - 2y 17+-z7 R= hydraulic radius in fl b= 14.3-2•0.541+3' so grade of channel b= I1 ft (roue ed) no Manning's coefficient (.03-05) and: A= (b+zy)y WP= wetted perimeter of channel (ft) = b+2y41+a' where: z=3 DvnvfDN DATE DIVE Cie S&H Mine I� Recharge Channel LEONARD eowsuunaa WATER ENGINEERS.INC. 8 9 o Details,Design Considerations,and Calculations =0•3•=-•=it,,,, ,,,, rx. o\enoe.nGs\aPo+[ns\os,\=Osrsxmi\cu.-OF5iGx owc AAA 55.Teel mnmu- toms. f50• Bill 01IIIIII I Y�Illll r �D 1. Ill n II IILlwtlIIIlia llV' In sjIl nmIUII,tiff mult Ipr lrllll�ll t . � / aolU 7 R f n, 1 r// PoI IIIIIIII� = . I4 WATER LEVEL MONITORING PROGRAM tdidI II I� yy4 Install 3 monitoring wells 60 days or more before ''�I •,. T dewatering begins Monitor water level of existing 111 li, i irrigation wells a d 3 monitoring wells monthly until VIII IIIIII .i.t to d watering begins, then monitor water levels weekly. hinny J. N Ste. 44+00 ryJl End Recharge I,lull �- Channel II4IIIIII1 Ilr Il� Rechorge Channel � IJUC IWI Existing A (improve existing ii�� al Y Culvert +' ditch t thats the rage l J \ _ cho net bottom�l �� ( Rot y tai water off O. 15 wide) (see d tall) 1 1 y taexisting d drainage �,II 'to fields 1�/1 Lateral Pt Ik • L',n I I Es en g culvert, clean to . IE n I�III hit t; restore i original capacity Existing k Irr got on II I��I�I�I�III Approximate location well t0 be of I acre starter pit monitored 1' (typical) Note. This map mop=ped I� • (1 f 4) by Leonora Rice E gineers, . L —.. • J •y 20 20C1 t — h yo t of Recharge o Channel and Mo -to g Welle. 000' v. See also details, Design - cm'?" O Cons derat and Calculotons l eo Sheet d'm< t s a I IL l. a t o no 5ewe, sm. 0+00 ... ,., • Recharge Channel Monitoring Well 0 t� t r to be added (typical I of 3) LEGEND .r ,re 5r„„,„,ARE, RAiu ROAD TRACKS DITCH TREES 'll = CQ r.es. q1in` eru..r F r5.rm,..r.AS r.rrr,a fly ii 111 .o,s5.i�.—,, OIF NO DESCRIPTION °A'° OWN CM? s & H Mine 416) y ? Recharge Channel KeCows�5.�wa worse a.e�r'eens.I.=. 8 4 Site Plan ,e.l.,,-,.ea.Aux coi:.,,-n,o STATE OF COLORADO Bill Owens,Governor --- -- pY CO�� Jane E. Norton,Executive Director ��; � Dedicated to protecting and improving the health and environment of the people of Colorado „e yA ; ♦: 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division r • ,,1» Denver,Colorado 80246-1530 8100 Lowry Blvd. *106 r, Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment July 20, 2001 Rocky Hoffscneider,V.P. Platte Sand&Gravel,LLC P.O. Box 180 Littleton,CO 80160 RE: Certification,Colorado Wastewater Discharge Permit System Permit No.,COG-500000,Facility Number:COG-500411 Weld County • Dear Mr. Hoffscneider: Enclosed please find a copy of your certification,which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. Please read the permit and the certification; if you have any questions contact me at(303)692-3599. Sincerely, el 64 Q Darlene Casey Program Assistant Water Quality Protection Section WATER QUALITY CONTROL DIVISION Enclosure xc: Bruce Kent,Permit Team,Environmental Protection Agency(8P2W-P)(w/1-7) Regional Council of Government(w/1-7) Local County Health Department(w/1-7) Dennis Pontius,D.E.,Technical Service Unit,WQCD(w/1-7) cert Permit No. COG-5001 Facility No. COG-5004 CDMG Permit No. M-Pend, Pag, CERTIFICATION AUTHORIZATION TO DISCHARGE UNDER THE CDPS INDUSTRIAL GENERAL PERMIT FOR SAND AND GRAVEL MINING AND PROCESSING GENERAL PERMIT Category 07, Sub-category IA - General Permits, Sand and Grave!-Process Water&Storm water SIC Code 1442, Sand and gravel mining, washing, crushing screening and stockpiling. Current fee$132/year(effective July 1, 1998) This permit specifically authorizes: Platte Sand and Gravel, L.L.C. Rocky Hoffschneidner Operations Partner, P. O. Box 180 Littleton, CO 801,1 (303)27• rWt'r"`»' a '" `. a.:3.:ArrCO " , with the facility contact of.' :r{• , R.a ib to discharge from facilities identiif' ' he S& ".' n• .. • • '.+ , o y 's n 26, T4N,R67W;;NE V.,SE'/., ofSect 34, T4N, R67W, NE '/., SE '/., /. 4, of f Or' '•!'+ + . s'. '. ki '/., of Section 2, T3N, R67W,' in W County, as shown in Figure p't p , 1 = +/ulna. m' < ..,.A.... ,.I.. , ,x: it a rther identified and described in , follofollowing table. ...y. wing y:, Outfall t7 >i.,.,.., .77", 11" ,{T' ,,,-,,h, Estimated Flow Rate 001 `+ 4 The discharge is to the 3.• , e tt Ri , Segmen , �`,) .,. ill.'•-atte R`t r`ub i, t Si:,t •, latte River Basin,found in . Classifications and Nu i-rz. "a 7•,1 ds for the South- if,' • %, SCR 1002-38), as 4= . J lit 30, 2001. Segment 1 has be designated Use Prote.4# and cl,{sfe, , se fo 0.,,, . i Lr.tion a 1a, quatic Li I Class 2 (Warm); Agricultu Antidegradation revie `t,es not a,,ly , p rmtt , caus vm ' ater 'es: at:.' as Use P ,`ected and that no water qua, standard parameters of t Ia G . e • ,a. , { . v m Effluent limitations in Par, .B.2.a. o a e : rm e•,nd °7. 3:+ for . ire!, is i .B.,,,"of i e permit ',,ay to this facility's process wa discharges. Salinity(TDS) nitoring o ".tea?. ` we . .> .� .,`. 3+. Ph�,y,'.,,e{ 1 storing of discharge will not be required : page la of this certfcation ' adt�d,f a ,,in .f� t reme . r - 1y �� • . At the time of application, the p ittee certifie, , th• r�°''' °,,,,fiend i ,, 'mented a Sto i, ater Management Plan(SWMP)for t facility. Rocky Hoffschneidnersig his c ation • -, a ll r%condit ofthi r it,a copy of the SWMP must beprovidec the Division upon request. iSe„it The permittee is encouraged to read the genet o-ale% in un 1 rsta if ow"this permit was developed and read the permit to: what requirements.exist. In thepermit, effluent Beta q ffl ty, ing,eP�requirements are specified in Parts LB.and LC, spec notification requirements for effluent violations are addressed"i Part 11A. All correspondence relative to this facility should reference the specific facility number, COG-500411. Christopher L. Ga July 9, 2t Effective July 9, 2001 Expires September 30, 2002 khsfern Ng/mil P"kA /M7/.it BEaxet OM\ - sae vvitnic I' T tt i - �rar ao4d w Pharr orr GGOO r str `TYA Sl7 Sourer (toes) 7-41)) 7 P) R/VEX cea riau 7$O) IUulvQQ R57f1/T ,/164 $0u0414/ (4TTLGTED L44NPs) S i3u;kit FIGURE 2 S&HMINE SAND AND GRAVEL OPERATION Nome a .5/76- SA'ETCff COG-500411 PAGE 26 �d 6 1 fi a b ( ) f J o. ,/ or 4 is o -•.4 0 p , ` sl 49 4 _ / n pi . p- _ -i t."./..=7 /, �P MUTUAL . _ _ _ 27 Well , / Ar. ♦}, 1 III • Well#4.4709F(Ptaznik) •� � N , Well#2, 14043(Ptaznik) o761s 36 ,1 uM1. o #1. 140'i9RF(Sharkey) ;.-- i - \ . :r . _f ` Ion" ,.• I�® l I 17584(Sharkey) ia °� 8 I -. 477° 0 4 N n r) ` Well#3, 14046(Sharkey) r � 0 _ ? 7 V. 1.' �r t W o. , 4116 • P•.4775 M1 .4775 Legend i' r( • ,I i • ; Wells in Section 3� N C' 1 J� ` I . Year 2001 a d-20021mined"Are Mining-Perrhit Area . 3 2476/ f !I R n 'N R n', W of e 6I', Prime i M Idor qJ 1 FIGURE I " i u S&H MINE < r 6 r 4766 4765 � " g766 "SAND AND GRAVEL OPERATION 4" I 0 2000 Fe COG-500411 i I PAGE 25 I'7 Le , Scottdale Ranch Location Map Figure 1 Cl ' LEONARD RICE CONSULTING WATER ENGINEERS,_INC 1 USGS 7-1/2' Quadrangle Maps 2000 Clay Str et,euite 00 Milliken, Colorado and Platteville, Colorado (303)455-9589 G FAX(303)455-0115 Page 2 Permit No. COG-500000 CDPS GENERAL PERMIT _ FOR SAND AND GRAVEL MINING AND.PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of process water and stormwater associated with operations engaged in mining and processing of sand and gravel (including rock and stone used as aggregate), and mining and quarrying of other nonmetallic minerals except fuels, certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page 1 of this permit to discharge process water and/or stormwater associated with operations engaged in mining and processing of sand and gravel (including rock and stone used as aggregate), and mining and quarrying of other nonmetallic minerals except fuels, as of this date, in accordance with the permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, September 30, 2002. Issued and Signed this day of AUG 2 7 1997 COLORADO EPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT aLe CERTIFIED LETTER# . DATE SIGNED AUG 2 7 1997 J. David Ho , Director EFFEC71vE Qt�OF Water Quality Control Division PERMIT Ul - 1913/ STATE OF COLORADO )FFICE OF THE STATE ENGINEER co Division of Water Resources ,z.oF Zop Department of Natural Resources p- 1313 Sherman Street, Room 818 Denver,Colorado 80203 \'mss x Phone:(303)866-3581 �y FAX:(303)866-3589 P.renNitI Bill Owens April 30, 2001 Governor http://water.state.co.us/default.htm MAY 0 3 2001 Greg E.Walther Executive Director Mr. Greg Roush L. F C w € Hal D.Simpson,P E Leonard Rice Consulting Water Engineers, Inc. 2000 Clay Street, Suite 300 Denver, Colorado 80211-5119 d Re: S&H Mine Gravel Pit, Substitute Water Supply Plan DMG File No. M-2000-158 Section 35, T4N, R67W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Roush: V This letter is in response to your application of March 1, 2001 requesting a substitute water supply plan for a sand and gravel pit to be operated by Platte Sand and Gravel, LLC, in accordance with 37-80-120 C.R.S. The Applicants shall be responsible for compliance with this plan, but the State Engineer's Office may also pursue the landowner for eventual compliance. The required fee of$1,343 for the substitute water supply plan has been paid. This plan describes the proposed water uses for the first two years of this new mining operation. The plan anticipates a first year net depletion of 4.2 acre-feet for up to 1.0 acre of exposed lake surface and a second year net depletion of 21.1 acre-feet for up to 5.0 acres of exposed lake surface. According to the information submitted, no water surface was exposed within the permit boundary prior to January 1, 1981. You have provided a monthly breakdown of the annual depletions for each year of the plan. Consumptive use for the first year consists of 1.2 acre-feet of evaporative loss (from August through December) from a maximum of 1.0 acre of exposed lake surface, 2.0 acre-feet of water lost in product (4% moisture of 68,000 tons of raw material) and 1.0 acre-foot for dust control (total 4.2 acre-feet). Consumptive use for the second year consists of 14.8 acre-feet of evaporative loss from a maximum of 5.0 acres of exposed groundwater, 5.3 acre-feet of water lost in product (4% moisture of 180,000 tons of raw material) and 1.0 acre-foot for dust control (total 21.1 acre-feet). No phreatophyte credit has been applied to this plan. The S&H Mine Gravel Pit is located approximately 2,900 feet from the South Platte River. The Applicant has provided a monthly schedule of lagged actual depletions to the river system, together with a schedule of replacement requirements for the first two years of operation. While this replacement amount matches calculated river depletions during the first two years of operation, the deficit between pit and river depletions will need to be accounted for in future years. The proposed source of replacement for this pit is fully consumable wastewater treatment plant effluent or reservoir releases from a lease with the City of Longmont. The City of Longmont wastewater treatment plant is located approximately 20 miles upstream of this new aggregate operation. A 0.5 percent per mile transit loss (10.0 percent overall loss) has been Mr. Greg Roush April 30, 2001 Page 2 accounted for in the replacement. The monthly depletions and replacement requirements are found on the table below Month First Year (2001) Second Year (2002) First Year (2001) Second Year (2002) Lagged Depletions Lagged Depletions Replacements Replacement (acre-feet) (acre-feet) (acre-feet) (acre-feet) Jan 0 0.37 0 0.4 Feb 0 0.43 0 0.5 Mar 0 0.57 0 0.6 Apr 0 0.79 0 0.9 May 0 1.07 0 1.2 Jun 0 1.45 0 1.6 Jul 0 1.85 0 2 Aug 0.15 2.06 0.2 2.3 Sep 0.48 2.05 0.5 2.3 Oct 0.63 1.87 0.7 2.1 Nov 0.61 1.59 0.7 1.8 Dec 0.43 1.26 0.5 1.4 Total 2.32 15.36 2.6 17.1 As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with Section §37-80-120, C.R.S. subject to the following conditions: 1. A well permit must be issued for the gravel pit in accordance with Section §37-90-137(2) and (11), C.R.S prior any exposure or use of groundwater. The pending permit application (Receipt Number 473204) will be evaluated pursuant to this plan. You have identified one permitted well within 600 feet of the initial mining area. This well (Permit No. 14046RR) is permitted to one of the partners in Platte River Sand and Gravel, LLC, and a waiver form has been completed and submitted with this application for the plan. Mr. Greg Roush April 30, 2001 Page 3 2. The depletions associated with this mining operation must not exceed a total of 4.2 acre-feet in the first year and 21.1 acre-feet in the second year. The first years depletions consist of 1.2 acre-feet of evaporative loss from a maximum of 1.0 acre of exposed lake surface, 2.0 acre-feet of water lost in product (4% moisture of 68,000 tons of raw material) and 1.0 acre-foot for dust control (total 4.2 acre-feet). The second years depletions consist of 14.8 acre-feet of evaporative loss from a maximum of 5.0 acres of exposed groundwater, 5.3 acre-feet of water lost in product (4% moisture of 180,000 tons of raw material) and 1.0 acre-foot for dust control (total 21.1 acre-feet). Should the total consumption at the pit exceed these amounts prior to the expiration date of this plan, an amendment will need to be filed with this office. 3. You have provided a letter of intent to be served by the City of Longmont using 19.7 acre-feet of reuse water (2.6 acre-feet for 2001 and 17.1 acre-feet for 2002). An executed copy of a lease agreement with the City of Longmont must be submitted to this office prior to the beneficial use and/or exposure of groundwater on the subject property. 4. Approval of this plan is for the purposes as stated herein. Any additional uses for this water must first be approved by this office. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 5. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 6. Adequate accounting of depletions and replacements (in acre-feet) must be provided to the Water Commissioner and/or Division Engineer on forms and at times acceptable to both of them. The accounting form(s) shall be sufficient to demonstrate that the net effective replacement equaled or exceeded the total depletion on a monthly basis. All replacement water must be concurrent with depletions in quantity, timing, and location, except that releases may be aggregated at the discretion of the Division Engineer. Said accounting must be received by the 10th of the month following the reporting period. 7. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 8. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Mr. Greg Roush April 30, 2001 Page 4 9. This plan is valid through December 31, 2002 unless otherwise revoked or modified. 10. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 11. If this plan will not be made absolute by a Water Court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $217) at least 45 days prior to the expiration date of this plan (by November 15, 2002). 12. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and ail other use of water at the pit, must cease immediately. 13. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89- 181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 14. Acceptance of these conditions is assumed unless a letter to the contrary is received by this office, the Division 1 Engineer(Richard Stenzel, 800 8th Avenue, Suite 321, Greeley, CO 80631) and the District 2 Water Commissioner (Robert Stahl, 9378 Weld County Road 25, Ft. Lupton, CO, 80621)within two weeks of your receipt of this letter. Please contact Joanna Williams of this office or Mr. Dave Nettles, in Greeley at (970) 352- 8712, if you have any questions concerning this approval. We conclude that approval of this substitute water supply plan does not imply a position by this office on any related litigation. Sincerely, 63. Kenneth W. Knox Assistant State Engineer Attachment cc: Dave Nettles, Assistant Division Engineer Robert Stahl, Water Commissioner, Water District 2 Tom Sharkey, Platte River Sand and Gravel, LLC Greg Roush, Leonard Rice Consulting Water Engineers, Inc. Gary Witt, Wright Water Engineers, Inc. C:\011-009\030dlf\Roush S&M Mine SWSP.doc n nt COLORADO DIVISION OF WA,c1 REaVUh( r I For Office No_ DEPARTMENT OF NATURAL RESOURCES X27 72135 1313 Mennen 'm 813,Denver,Colorado 80203 Phone:13O3)86b.a581 REVIEW INSTRUCTIONS PRIOR TO COMPLETING FORM GRAVEL PIT WELL PERMIT APPLICATION 1. TYPE OF PERMIT R NEW PIT(S) (Sharkey's Lake) • ❑ PIUS) DUST, CONSTRUL.I ED AFTER DEC_31, 1980 2_ APPLICANT INFORMATION • NAME(S) Tom Sharkey. Platte Sand & Gravel LLC Mailing Address 15430 Conperfield Dr. • Gty, St.Zp Cpin -ado S_nrina5 CO 80'121 Phone ( 719 ) 338-1219 3_ CONSULTANT/ATTORNEY/OPERATOR CONTACT Of different-than $2) Sharkey s NAMES)Leonard Rice Consulting Water Engineers, Inc. PIT NAME S&A ?Tine, Lake mowing Address 2000 Clay Street, Suite 300 City, St Zp nenver, CO 80211 . DMG NO. M-2000-158 Phone ( 303 ) 455-9589 4_ GENERAL LOCATION OF PIT(S): COUNTY Weld NW 1/4 SE 1/4, Sec. 35 Twp. 4 k N. ❑S., Range 67 ❑E 7 W. 6 P.M. 5_a Estimated maximum water surface to be exposed: 5 Acres. Number of Fits 1 4 Estimated depth of pit(s) 35 12 6 Ft. Estimated depth to groundwater Ft. 7 Estimated date to expose groundwater August 1, 2001 ;to complete mining Jan 2003 for 5 acres 8_ ATTACHMENTS: (Check which have been attached_) (a) Y Scaled map of pit area with range, township, &section clearly indentifed.(REQUIRED). (b) ❑Copy of the reclamation permit, if applicable_ (c) ❑ Copy of pre 1115189 water conservancy dist or water user assoc.augmentation agreement, if applicable. (dl ®Copy of proposed substitute water plan or augmentation plan application, if applicable_ (e) 0 Copy of court approved augmentation plan,i₹applicable. Case No. (f) 4J Other 6001 WA1l Snarino Sraramanr • 9_Detailed description of any use, otherthan evaporation,and method of diversion,rate of diversion,and annual amount of diversion of any water withdrawn from the pond. Dust Control mineral Product (47 by trPl apt) 10 I (we) have read the staiennersts made herein and know the contents thereof, and that they are true to my (our) knowledge. (Pursuant to Section 24-4-104 (13)(a) C.R.S.,the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) Narne/Title (Please type or pried Signature ate Tom Sharkey rdA 6 Jam/ For Office Use only Court Case No. - Div. Co. WD Basin__MD Use Form No. 0FFICE.0F T ° STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 615 Centennial Bldg., 1313 Sherman(303)lea-3aa1 at.Denver,Colorado 80203. WILL PERMIT NUMBER 055755 , /— APPLICANT DIV. 1 WD2 DES. BASIN MD • MEEQUILIELLLaccao WELD COUNTY NW 1/4 SE 1/4 Section 36 PLATTE SAND& GRAVEL LLC Township 4 N Range e7 W Sixth P.M. C/O TOM SHARKEY 15430 COPPERFIELD DR DISTANCES FROM SECTION LINES COLORADO SPRINGS, CO 80921- FL from SectionLine Ft.from Section Line (719)338-1219 UTMCOORDINATES PERMIT TQ EXPOSE WATER IN A PIT Northing: Fasting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITION'pF APPROVAL 1) This wall shall be used In such a way as to cause no material Injury to existing water rights. The issuance of this permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shell be in compliance with the Water Wed Construction Rules 2 CCR 402.2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction end Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90.137(2)and(11)for the construction and operation of a well(gravel pit)In accordance with the temporary substitute water supply plan approved by the State Engineer on April 30,2001,for the StH Mine,Division of Minerals& Geology Permit Number M-2000.158. The well(pond)shad not be operated unless k le included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. The water supply plan for this pit is curreMy valid through December 31,2002 and tf t le not extended or if a court decree is not entered for a plan for augmentation this well permit Is nud end void and diversion of ground water from this well must cease Immediately. 4) The average annual amount of ground water to be appropriated shall not exceed 21.1 acre-feet with the total surface area of the proposed ground water pond limited to 5 acres. 5) The use of ground water,In addition to 142 sae-feet of evaporative loss,is limited to 1 acre-foot of water used and consumed for dust control and 5.3 acre-feet of water lost with the mined product No other use of water is allowed unless a perrnit therefor is approved. 6) The owner shell mark the well(pond)In a conspicuous place with well permit number(s)and court Case number(s)as appropriate. The owner shad take necessary means and precautions to preserve these markings. 7) The provision of the Minimum Construction Standards In Rule 10 shad ba waived for gravel pits except for Rules 10.1 and 10.2.1 regarding aquifer contaminants. The owner of the gravel pit shell take necessary means and precautions to prevent contaminants from entering the gravel pit well. 8) The owner shall submit, after Initiation of excavation,plan and cross section drawings on 8-1/2"x 11"paper showing the extent of excavation,the maximum depth of the pit,and the Initial static water level. 9) This well shall be constructed at least 800 feet from any existing well completed In the same aquifer that is not owned by the applicant, except for the well constructed under permit no. 14046-RR for which*600 foot waiver form was submitted. >. WED .cG• 4u . JMv. 4." _ w State Engineer a /Y/la`�J a ,Receipt No.0473204 DATE'SUED MAY 22 2001 By PiRAT!ONDATE MAY 22 J.;.* „ex HO I A M ill uteri lows Hall, 1101 Broad SL.. Drawer 290 • Milliken, (O 80543 • (970) 587-4331 • (970) 587-2678 lax o `e. NogniEs August 17, 2001 Tom Sharkey 540 Elkton Drive Suite 202 Colorado Springs, CO 80907 Dear Mr. Sharkey; Thank you for the wonderful presentation regarding the Town of Milliken and Platte River Sand and Gravel possible partnership for"water storage, water supply, open space and pedestrian trails. The Milliken Town Board did make a motion to enter into with you in support of your trail master plan in process. As you proceed through the process please keep Town staff informed. If we can be of any other assistance please let us know. Thank you, 4%-J 74,Measner Mayor AFFIDAVIT The application on file with the Weld County Planning Department for Platte Sand and Gravel is located within the Platteville Fire Protection District. The Platteville Fire Protection District can provide fire protection to this site. / 5n hief, Platteville Fire rotection istrict. Kim Ogle, Planner September 24, 2001 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Subject: Proposed S&H Gravel Mine operated by Platte Sand and Gravel Kim Ogle: I met with Mr. Tom Sharkey and Mr. Tom Haren on September 14, 2001 regarding the Platte Sand and Gravel's proposed S&H Mine located northwest of Platteville. We discussed fue and safety issues at the site and the process for building plan reviews. Mr. Sharkey and Mr. Haren agreed with our suggestions for access, water supply and water connections. Also the Mining Safety& Health Administration (MSHA) standards for safety and abilities of the department's emergency response were discussed. We do not have any further objection or issues with the proposed project. Wes Scott Platteville-Gilcrest Fire Department FROM : A9PRO ENV SVCS FAX NO. : 9705359854 Rug. 29 2001 03:25PM P2 [] ICC Regulated n ICC Exempt FORM A UNIFORM APPLICATION FOR REGISTRATION OF OPERATING AUTHORITY ISSUED BY ICC or FOR REGISTRATION OF ICC EXEMPT OPERATIONS To the Public Utilities Commission of the State of Colorado. Date: Applicant: Street: City: State: Zip Code: Telephone No. ( ) ICC Operating Authority No. (if applicable) MC ype of route: Certificate (�) Permit ( ) TA (�._) Regular (_) Irregular (_) K---fype of carrier: Property( Passenger(_) Common(_) Contract(_) Give principal office address, if different than above: Street: City: State: Zip Code: If individual, give name and address: Name: Street: City: State: Zip Code: if corporation, give state in which incorporated: Name of President: Name of Secretary: If partnership, give names and addresses of partners: Name: Street: City: State: Zip code: Name: treet: City: State: Zip Code: -- Reverse side must be completed -- FROM : RgPRO ENV SUCS -- FRX NO. : 9705359854 Rug. 29 2001 03:26PM P3 ., the undersigned, under penalty for false statement, do hereby certify that the above information is true and correct and that I am authorized to execute and file this document on behalf of the above applicant. (Federal penalties, maximum of $10,000 or imprisonment for 5 years, or both, 18 U.S.C. 1001 ; State penalties as prescribed by law.) SIGNATURE TITLE Telephone No. (_) This form determined by the National Association of Regulatory Utility Commissioners and promulgated by the Interstate Commerce Commission pursuant to the provisions of Section 11506(c)(1 )(2) , (d) , and (e) (1 )(2) of the Interstate Commerce Act (49 U.S.C.) . 2934H Rev. 5/90 FROM : RgPRO ENV SVCS FRX NO. : 9705359854 Rug. 29 2001 03:2SPM P4 FORM B UNIFORM APPLICATION FOR REGISTRATION AND IDENTIFICATION OF VEHICLES OR DRIVEAWAY OPERATIONS OPERATED OR CONDUCTED UNDER AUTHORITY ISSUED BY INTERSTATE COMMERCE COMMISSION OR EXEMPT FROM INTERSTATE COMMERCE COMMISSION REGULATION. To the public Utilities Commission of theState of Colorado. Date: Applicant: Street: City: State: Zip Code: Telephone No. (_) ICC Operating Authority No. (if applicable) MC The above described applicant hereby applies for the issuance of (Number) identification stamp(s) , or for the assignment of an identification number (as elected by the laws of such State) , for the registration and identification of the vehicle or vehicles which the applicant intends to operate, or driveaway operations which it intends to conduct, within the borders of such State during the period for which such identification stamps(s) or number is effective. The operation of such vehicle or vehicles, or the conduct of such driveaway operations, shall be pursuant to authority issued to the applicant by the Interstate Commerce Commission. he applicant shall not knowingly permit any other person or organization to use the dentification stamps(s) or number issued or assigned pursuant to this application. I, the undersigned, under penalty for false statement, do hereby certify that the above information is true and correct and that I am authorized to execute and file this document on behalf of the above applicant. (Federal penalties, maximum of $10,000 or imprisonment for 5 years, or both, 18 U.S.C. 1001; State penalties as prescribed by law.) (Signature) (Title) Telephone No. ( ) Instructions: File this application with $5.00 for each vehicle you are registering. This form determined by the National Association of Regulatory Utility Commissioners and promulgated by the Interstate Commerce Commission pursuant to the provisions of Section 11506 (c) (1) (2) , (d) and (e) (1) (2) of the Interstate Commerce Act (49 U.S.C. , sec. 11506) . Form B\9-18-92 4311 Highway 66, Suite 4 • Longmont, CO 80504 Office (970) 535-9318 • Fax: (970) 535-9854 • Ian Weld Cc:t€tiy ?tanning Det- P tECE1VED Kim Ogle Weld County Planning Department August 24, 2001 1555 N. 17th Avenue Greeley, CO 80631 RE: USR-1306, Platte Sand and Gravel We would like to request pre-advertisment for the Board of County Commissioners hearing for USR-1306, Platte Sand and Gravel. The Planning Commission hearing is scheduled for October 2, 2001. Thank you for your consideration in this matter. If you should have any questions, please contact me at the above phone number. Sincerely, a�raze Frazer Sharyn F Administrator SITE ACCESS CHANGES Given that virtually all site traffic will now use CR 36 to access the site, truck traffic was re- distributed to U.S. 85 from SH 66. It should be noted that employee and miscellaneous trips were assumed to arrive and depart the site using CR 36 and U.S. 85 in the TIS. Accord- ingly, only truck traffic was reassigned. Modified peak hour site traffic is shown on the at- tached revised Figure 5 (from the TIS). All site trucks, except possibly local deliveries, are expected to arrive and depart the site using U.S. 85 to the south. LONG-TERM TRAFFIC Long-term (2020) total traffic was developed to assess operating conditions with modified site access. Peak hour traffic from the TIS was adjusted to reflect increased usage of CR 36, Resultant peak hour traffic at critical intersections is shown on the attached revised Fig- ure 8 from the TIS. This represents 2020 conditions. LONG-TERM ROADWAY FEATURES Long-term traffic was reviewed at the CR 36— U.S. 85 intersection. Per this review and ap- plication of CDOT's State Highway Access code criteria for E-X roadways, it was deter- mined that the following auxiliary lanes are needed. • A northbound left turn lane from U.S. 85 to CR 36. • A right turn acceleration lane from eastbound CR 36 to southbound U.S. 85. The northbound left turn lane is currently available. The adequacy of this lane will be dis- cussed later in this report. No other turn lanes were deemed needed. On the eastbound CR 36 approach to U.S. 85, a right turn lane is not needed given the total peak hour approach volume of 25 vehicles, or one vehicle every 2 —3 minutes. The Access Code allows the right turn deceleration lane to be waived when approach traffic in the same lane is below 150 vehicles per hour. LONG-TERM ROADWAY OPERATIONS Intersection operations were calculated using long-term peak hour traffic and the existing roadway geometry at the U.S. 85— CR 36 intersection. This resulted in the peak hour levels of service shown below. Movement/ PM Peak Hour Intersection Control Direction Level of Service U.S. 85 - CR 36 Stop NB LT B SB LT B WB LT/TH/RT C EB LT/TH/RT C Overall A As indicated above, with adjustments for increased truck traffic acceptable operations can be expected. Capacity worksheets are attached. PAVING ON CR 36 To determine when the 400 vehicle per day threshold will be passed and CR 36 should be paved, the cumulative impact of background and site traffic was assessed. The threshold is based upon Larimer County requirements for a treated roadway given the lack of a definitive Weld County policy. Estimated average daily traffic on CR 36 for assumed production levels is shown in the following table. Daily Traffic on CR 36 Site to U.S. 85 Year Tons Bkgd Site Total 2001 0 222 0 222 2002 250K 231 83 214 2003 300K 241 105 346 2004 360K 251 129 380 2005 430K 262 151 413 As shown, CR 36 should be paved in 2005 or when production levels reach 430 tons. AUXILIARY LANE CONSIDERATIONS Auxiliary lanes on U.S. 85 at CR 36 were reviewed. With shifting of the truck access to CR 36/U.S. 85, eight left turning northbound to westbound trucks are being added. These vehi- cles are equivalent to 24 passenger cars. Based upon long-term demand, northbound left turn storage of 45 feet is appropriate for an equivalent passenger car demand of 34 vehi- cles. Per the Access Code, 45 feet of storage plus 800 feet of deceleration plus 300 feet of transition taper are needed for a total of 1,145 feet. The available lane (including taper) is currently about 930 feet long. This would indicate a need to extend the lane by 215 feet. The eastbound to southbound right turn acceleration lane on U.S. 85 should be 1,380 feet long plus a 25:1 transition taper. This lane may be difficult to install given the existence of the river, steep cut slopes, limited right-of-way, and what may be an environmentally sensi- tive area some 800— 1,000 feet to the south of CR 36. A large turning radius should be in- vestigated. This would allow trucks to get a "running start' and minimize the length of the acceleration lane. Peak hour traffic at the site access to CR 36 is expected to be minor. Turning vehicles will be in the range of 8— 12 vehicles. Given this amount of traffic, no auxiliary lanes are needed. The turning radius in the southwest corner of the CR 36— CR 23 intersection however, should be capable of accommodating truck traffic. The issues identified above and any others, are best defined and addressed during prelimi- nary design. SUMMARY Based upon the above analyses, investigations, and findings, it appears that the use of CR 36 for full site access is viable. Improvements at the CR 36— U.S. 85 intersection and future paving of CR 36 will be needed. Design constraints may require an in-depth investigation of design alternatives for implementation of the eastbound to southbound right turn accelera- tion lane from CR 36 to U.S. 85. The ultimate design of this lane will need to be "worked out" with CDOT. Given that viable truck access can be provided using CR 23, CR 321/2, CR 21, and SH 66 as demonstrated in the earlier study, two access schemes are available for the S and H Mine. Either scheme should be acceptable from a technical standpoint. I trust this letter serves your current needs. Please call if you have any questions or need further assistance. Sincerely, GEoRGE :: J •a c% r- , Eu ene G. Copp Id a P.E. *:D 15945 w?yr= •- 2. %�9T .oNA, ;.'P-, 1 2' N co SITE o ' oc k_6 CR36 1 2 —5 0 9 en N C) U LEGEND: nom=nominal Figure 5 PEAK HOUR SITE TRAFFIC (revised) • co co co r 1 SITE L nom O F— nom C 6 N ((O N 4 12 CR 36 1 10—} coco nom coo '- 15- m N C) V LEGEND: nom=nominal LONG-TERM(2020)TOTAL PM PEAK HOUR TRAFFIC (revised) ♦ HCS2000 : Unsigna ed Intersections Release 4 .1 TWO-WAY STOP CONTROL SUMMARY Analyst : GC —ency/Co. : .e Performed: 6/16/01 Analysis Time Period: PM peak hour Intersection: US 85 & CR 36 Jurisdiction: Analysis Year: 2020 Project ID: East/West Street: CR 36 North/South Street: US 85 Intersection Orientation: NS Study period (hrs) : 0 .25 Vehicle Volumes and Adjustments Major Street: Approach Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 18 850 4 27 690 2 Peak-Hour Factor, PHF 0 .90 0 .90 0 .90 0 .90 0 . 90 0 . 90 Hourly Flow Rate, HFR 20 944 4 30 766 2 Percent Heavy Vehicles 50 -- -- 0 -- -- Median Type TWLTL RT Channelized? No No Lanes 1 2 1 1 2 1 Configuration L T R L T R Upstream Signal? No No Minor Street : Approach Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R i,_'ume 4 0 0 10 0 15 k Hour Factor, PHF 0 .90 0.90 0 .90 0 .90 0.90 0 .90 Hourly Flow Rate, HFR 4 0 0 11 0 16 Percent Heavy Vehicles 0 0 0 0 0 75 Percent Grade (%) 0 0 Median Storage 1 Flared Approach: Exists? No No Storage RT Channelized? Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Config L L LTR LTR v (vph) 20 30 4 27 C(m) (vph) 591 732 192 316 v/c 0 .03 0 . 04 0 . 02 0 .09 95% queue length 0 .10 0 .13 0 . 06 0 .28 Control Delay 11.3 10 . 1 24 .1 17.5 LOS B B C C Approach Delay 24 . 1 17 . 5 Approach LOS C C HCS2000 : Unsignalized Intersections Release 4 .1 e Coppola 9323 Erminedale Dr. Lone Tree, CO 80124 Phone: 303-792-2450 Fax: 303-792-595 E-Mail : egc2000@aol.com TWO-WAY STOP CONTROL(TWSC) ANALYSIS r 'lyst: GC ncy/Co. : Date Performed: 6/16/01 Analysis Time Period: PM peak hour Intersection: US 85 & CR 36 Jurisdiction: Analysis Year: 2020 Project ID: East/West Street: CR 36 North/South Street: US 85 Intersection Orientation: NS Study period (hrs) : 0.25 Vehicle Volumes and Adjustments Major Street Movements 1 2 3 4 5 6 L T R L T R Volume 18 850 4 27 690 2 Peak-Hour Factor, PHF 0 .90 0 . 90 0 .90 0 . 90 0.90 0 .90 Peak-15 Minute Volume 5 236 1 8 192 1 Hourly Flow Rate, HFR 20 944 4 30 766 2 Percent Heavy Vehicles 50 -- -- 0 -- -- Median Type TWLTL RT Channelized? No No Lanes 1 2 1 1 2 1 Configuration L T R L T R Upstream Signal? No No Minor Street Movements 7 8 9 10 11 12 L T R L T R V'•1me 4 0 0 10 0 15 1 : Hour Factor, PHF 0.90 0 .90 0 .90 0 .90 0 . 90 0 .90 Peak-15 Minute Volume 1 0 0 3 0 4 Hourly Flow Rate, HFR 4 0 0 11 0 16 Percent Heavy Vehicles 0 0 0 0 0 75 Percent Grade (I) 0 0 Median Storage 1 Flared Approach: Exists? No No Storage RT Channelized? Lanes 0 1 0 0 1 0 Configuration LTR LTR Pedestrian Volumes and Adjustments Movements 13 14 15 16 Flow (ped/hr) 0 0 0 0 Lane Width (ft) 12 . 0 12. 0 12. 0 12 .0 Walking Speed (ft/sec) 4 . 0 4 . 0 4 . 0 4 .0 Percent Blockage 0 0 0 0 Upstream Signal Data Prog. Sat Arrival Green Cycle Prog. Distance Flow Flow Type Time Length Speed to Signal vph vph sec sec mph feet S2 Left-Turn Through S5 Left-Turn - Through Worksheet 3-Data for Computing Effect of Delay to Major Street Vehicles Movement 2 Movement 5 Shared In volume, major th vehi.,ies: Shared In volume, major rt vehicles: Sat flow rate, major th vehicles: Sat flow rate, major rt vehicles: -fiber of major street through lanes: Worksheet 4-Critical Gap and Follow-up Time Calculation Critical Gap Calculation Movement 1 4 7 8 9 10 11 12 L L L T R L T R t (c,base) 4 .1 4 .1 7.5 6 .5 6 .9 7.5 6 .5 6 .9 t (c,hv) 2 . 00 2. 00 2 .00 2 .00 2 .00 2. 00 2 .00 2 . 00 P(hv) 50 0 0 0 0 0 0 75 t (c,g) 0 .20 0.20 0.10 0 .20 0 .20 0 .10 Grade/100 0 .00 0.00 0. 00 0 . 00 0 . 00 0 . 00 t (3, 1t) 0 . 00 0. 00 0 .00 0. 00 0. 00 0 . 00 0 . 00 0 . 00 t (c,T) : 1-stage 0 . 00 0. 00 0 .00 0. 00 0. 00 0 . 00 0 . 00 0. 00 2-stage 0 . 00 0. 00 1.00 1. 00 0. 00 1 . 00 1. 00 0 . 00 t (c) 1-stage 5 .1 4 .1 7.5 6 .5 6.9 7 .5 6 .5 8 .4 2-stage 5.1 4 .1 6 .5 5 .5 6 .9 6 . 5 5 .5 8 .4 Follow-Up Time Calculations Movement 1 4 7 8 9 10 11 12 L L L T R L T R t (f,base) 2 .20 2.20 3 .50 4 . 00 3 .30 3 .50 4 . 00 3 .30 t (f,HV) 1 . 00 1. 00 1. 00 1. 00 1. 00 1.00 1 . 00 1 . 00 P(HV) 50 0 0 0 0 0 0 75 t (f) 2 .7 2 .2 3 . 5 4 . 0 3 .3 3 .5 4 . 0 4 . 0 Worksheet 5-Effect of Upstream Signals .putation 1-Queue Clearance Time at Upstream Signal Movement 2 Movement 5 V(t) V(l,prot) V(t) V(l,prot) t prog Total Saturation Flow Rate, s (vph) Arrival Type Effective Green, g (sec) Cycle Length, C (sec) Rp (from table 9-2) Proportion vehicles arriving on green P g(q1) g(g2) g(q) Computation 2-Proportion of TWSC Intersection Time blocked Movement 2 Movement 5 V(t) V(l,prot) V(t) V(l,prot) alpha beta Travel time, t (a) (sec) Smoothing Factor, F Proportion of conflicting flow, f Max platooned flow, V(c,max) Min platooned flow, v(c,min) Duration of blocked period, t (p) Proportion time blocked, p 0 . 000 0 . 000 Computation 3-Platoon Event Periods Result 0 . 000 p (5) 0 . 000 p (dom) p (subo) Constrained or unconstrained? Proportion unblocked (1) (2) (3) for minor Single-stage Two-Stage Process -movements, p(x) Process Stage I Stage II L) p(4) p(7) p(8) p (9) p (10) p (11) p (12) Computation 4 and 5 Single-Stage Process Movement 1 4 7 8 9 10 11 12 L L L T R L T R V c,x 768 948 1427 1812 472 1338 1814 383 s Px V c,u,x C r,x C plat,x Two-Stage Process 7 8 10 11 Stagel Stage2 Stagel Stage2 Stagel Stage2 Stagel Stage2 V(c,x) 984 443 984 828 826 512 826 988 s 3400 3400 3400 3400 P(x) V(c,u,x) r,x) C(plat,x) Worksheet 6-Impedance and Capacity Equations Step 1: RT from Minor St. 9 12 Conflicting Flows 472 383 Potential Capacity 544 448 Pedestrian Impedance Factor 1. 00 1 . 00 Movement Capacity 544 448 Probability of Queue free St. 1. 00 0 .96 Step 2: LT from Major St. 4 1 Conflicting Flows 948 768 Potential Capacity 732 591 Pedestrian Impedance Factor 1.00 1 . 00 Movement Capacity 732 591 Probability of Queue free St. 0 .96 0 .97 Maj L-Shared Prob Q free St. Step 3 : TH from Minor St. 8 11 Conflicting Flows 1812 1814 Potential Capacity 79 79 Pedestrian Impedance Factor 1 . 00 1. 00 Cap. Adj . factor due to Impeding mvmnt 0 .93 0 .93 Movement Capacity 73 73 -cobability of Queue free St. 1. 00 1.00 Step 4 : LT from Minor St. 7 10 Conflicting Flows 1427 1338 Potential Capacity 97 113 Pedestrian Impedance Factor 1.00 1. 00 Maj . L, Min T Impedance factor. 0 .93 0 .93 Maj . L, Min T Adj . Imp Factor. 0.94 0.94 Cap. Adj . factor due to Impeding mvmnt 0.91 0 .94 Movement Capacity 88 107 Worksheet 7-Computation of the Effect of Two-stage Gap Acceptance Step 3 : TH from Minor St. 8 11 Part 1 - First Stage Conflicting Flows 984 826 Potential Capacity 329 389 Pedestrian Impedance Factor 1 . 00 1. 00 Cap. Adj . factor due to Impeding mvmnt 0 .97 0 .96 Movement Capacity 318 373 Probability of Queue free St . 1. 00 1 . 00 Part 2 - Second Stage Conflicting Flows 828 988 Potential Capacity 389 328 Pedestrian Impedance Factor 1. 00 1 . 00 Cap. Adj . factor due to Impeding mvmnt 0.96 0 .97 Movement Capacity 373 317 Part 3 - Single Stage Conflicting Flows 1812 1814 Potential Capacity 79 79 Pedestrian Impedance Factor 1 . 00 1 . 00 Cap. Adj . factor due to Impeding mvmnt 0 .93 0 . 93 Movement Capacity 73 73 Result for 2 stage process : a 0.91 0 .91 y 0 .88 1.40 186 181 )bability of Queue free St. 1. 00 1. 00 Step 4 : LT from Minor St . 7 10 Part 1 - First Stage Conflicting Flows 984 826 Potential Capacity 270 337 Pedestrian Impedance Factor 1. 00 1. 00 Cap. Adj . factor due to Impeding mvmnt 0 .97 0.96 Movement Capacity 261 323 Part 2 - Second Stage Conflicting Flows 443 512 Potential Capacity 569 518 Pedestrian Impedance Factor 1 . 00 1 . 00 Cap. Adj . factor due to Impeding mvmnt 0 .92 0 . 97 Movement Capacity 526 500 Part 3 - Single Stage Conflicting Flows 1427 1338 Potential Capacity 97 113 Pedestrian Impedance Factor 1 . 00 1. 00 Maj . L, Min T Impedance factor 0 . 93 0 .93 Maj . L, Min T Adj . Imp Factor. 0 .94 0 . 94 Cap. Adj . factor due to Impeding mvmnt 0.91 0 .94 Movement Capacity 88 107 Results for Two-stage process : a 0 .91 0 .91 y 0 .41 0 . 60 -- t 192 221 Worksheet 8-Shared Lane Calculations Movement 7 8 9 10 11 12 L T R L T R Volume (vph) 4 0 0 11 0 16 Movement Capacity (vph) 192 186 544 221 181 448 Shared Lane Capacity (vph) 192 316 Worksheet 9-Computation of Effect of Flared Minor Street Approaches Movement 7 8 9 10 11 12 L T R L T R C sep 192 186 544 221 181 448 Volume 4 0 0 11 0 16 Delay Q sep Q sep +1 round (Qsep +1) n max C sh 192 316 SUM C sep n C act Worksheet 10-Delay, Queue Length, and Level of Service Movement 1 4 7 8 9 10 11 12 Lane Config L L LTR LTR v (vph) 20 30 4 27 C(m) (vph) 591 732 192 316 v/c 0. 03 0. 04 0 .02 0 . 09 95% queue length 0.10 0.13 0 . 06 0.28 Control Delay 11.3 10 . 1 24 .1 17. 5 B B C C roach Delay 24 .1 17.5 Approach LOS C C Worksheet 11-Shared Major LT Impedance and Delay Movement 2 Movement 5 p (oj ) 0.97 0.96 v(il) , Volume for stream 2 or 5 v(i2) , Volume for stream 3 or 6 s (il) , Saturation flow rate for stream 2 or 5 s (i2) , Saturation flow rate for stream 3 or 6 p* (oj) d(M,LT) , Delay for stream 1 or 4 11.3 10 .1 N, Number of major street through lanes d(rank, l) Delay for stream 2 or 5 Hello